WP(C) 3150/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. AS Choudhury, learned Senior Counsel assisted by Mr. R. Ali, learned c ounsel for the petitioners and Mr. P. Roy, learned Govt. Advocate for the respon dents. The grievance raised by the petitioners in the writ petition is non-settlement o f the Baghbar Weekly Cattle Market falling under the Mandi Anchalik Panchayat wi th them and allowed the same to run and manage by the private persons without is suing NIT. It is submitted by Mr. Choudhury that the aforesaid process is conti nue since 2003 and being the market in question is not a private market, it is i ncumbent upon the authority to settle the marked by issuing tender. A market while falls under the Anchalik Panchayat is to be settled by resorting to tender process as per provisions of Section 105 of the Panchayat Act and Rule 47 of the Assam Panchayat (Financial) Rule, 2002. It is stated that without fo llowing such process, the market in question is allowed to run without issuing t ender process in favour of the private respondent merely on slight increase of t he earlier leased amount. The procedure adopted by Mandia Anchalik Parishad in allowing to run the market is absolutely illegal and unauthorised. Mr. P. Roy, learned Govt. Advocate also submits that the Panchayat can settle a market by issuing tender process and by resorting to Section 105 of the Panchaya t Act. In view of the above discussions, this writ petition is disposed of with the dir ection that Mandia Anchalik Pareishad shall forthwith issue tender notice to set tle the market under its jurisdiction by issuing necessary tender as contemplate d u/s 105 of the Panchayat Act and Order 47 of the Assam Panchayat (Financial) R ules, 2002 and shall settle the market as per the said tender notice provided it is not a private market. This order is passed on the submission of Mr. Choudhury, learned Senior Counsel for the petitioners to the effect that the market in question is not a private m arket but is a public one. In the event, the market is found to be private mark et, the provisions contained under Section 105 of the Assam Panchayat Act and R ule 47 of the Panchayat (Financial) Rules, 2002 would not come into play. With the aforesaid observations and directions, this writ petition is disposed o f.