WP(C) 3136/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. PK Roychoudhury, learned counsel appearing for the petitioners. Also h eard Mr. J Handique, learned State counsel appearing for the respondent Nos.1, 2 , 3 and 5 as well as Mr. MH Rajborbhuyan, learned counsel appearing for the Cave ator. Considering the grievance raised and as agreed to by the learned counsel appeari ng for the parties, this writ petition is being disposed of at the motion stage itself. The Bechimari Anchalik Panchayat, Darrang, on 14.5.2011, has issued Notice Invit ing Tender (’NIT’ for short) calling for tender from intending tenderers for set tlement of Dalgaon Daily Market and Dalgaon Bus Parking and others for the perio d of 2011-12 fixing 14.6.2011 as last date for submission of tender. It has been alleged that the Bechimari Anchalik Panchyat in violation of Rule 47 (10) and 4 9 of Assam Panchayat Financial Rules, 2002 (’Rules’ for short) has inserted Clau se 11 and 14 in the NIT, in violation of Section 55 of Assam Panchayat Act 1994 (’Act’ for short) has put clause-29 in the NIT, increased the Government value a nd earnest money too much excess than last several years, more so, there is a co ntradictory statement between Clause 15 and 17 in the NIT. Some unjustified clau ses have also been put in the NIT which is in clear violation of the Acts and Ru les mentioned hereinabove. Hence, the instant writ petition invoking power under Article 226 of the Constitution of India has been filed for setting aside the i mpugned NIT dated 14.5.2011 issued by the President and Executive Officer of Bec himari Anchalik Panchayat with a further prayer for directing the Anchalik Panch ayat to issue fresh NIT as per provision laid down in the Act/Rules for settleme nt of Dalgaon Daily market and Dalgaon Bus Parking for the period of 2011-12. Mr. Roychoudhury, learned counsel for the petitioner has submitted that immediat ely after coming to know about the aforesaid NIT, the petitioners have submitted an application before the President, Bechimari Anchalik Panchayat on 18.5.2011 praying for cancellation of the defective tender and to issue fresh correct tend er notice. However, after waiting for sometime when no order was passed on the s aid application, they again submitted another application on 23.5.2011 before th e Chief Executive Officer, Darrang Zilla Parishad. The said application has also not been disposed of till date. In the aforesaid background, the limited prayer made on behalf of the petitioner s is for a direction to the respondent authority to dispose of the representatio n dated 23.5.2011 so submitted by them. Learned State counsel has raised no objection to the prayer made by the learned counsel for the petitioners. In view of the limited prayer made on behalf of the petitioners and on perusal o f the materials available on record, this Court is of the considered opinion tha t instead of keeping this writ petition pending before the Court, the same may b e disposed of at the motion stage itself. Accordingly, this writ petition is dis posed of directing the Chief Executive Officer, Darrang Zilla Parishad to dispos e of the representation dated 23.5.2011 submitted by the petitioners by a speaki ng order to the extent of correction of the NIT as prayed for in accordance with law within a period of 2 (two) weeks from the date of receipt of a certified co py of this order to be submitted by the petitioners, alongwith a copy of the wri t petition and annexures appended thereto. Till disposal of the application, the impugned NIT shall not be given effect to. It is further made clear that if the period of settlement of the markets made ea rlier is already over, the Anchalik Panchayat, as the case may be, would run the market. It is needless to say that order so passed in the representation be communicated to the petitioners forthwith. With the aforesaid directions, the writ petition is disposed of. No costs.