WP(C) 5111/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. Z. Hussain, learned counsel for the petitioner, and Mr. G. Soren, lear ned Government Advocate, appearing on behalf of respondent Nos. 1, 2, 3 and 5. The controversy, in this writ petition, arises out of the order, dated 3 0.07.2009, issued by respondent No. 4, namely, Chief Executive Officer, Goalpara Zilla Parishad, engaging respondent No. 6 herein to collect tolls, at Khalisabh ita Weekly market, till disposal of the Title Suit No. 65/09 and Misc. Case No. 34/09, which arose out of the said suit. The said suit, along with the Misc. Ca se, have been dismissed for default, on 30.11.2009, by the learned Munsiff No. 1 , Goalpara. However, since respondent No. 6 herein has continued to collect tol ls, the writ petitioner has impugned the order, dated 30.07.2009, aforementioned on the ground that the said engagement of the respondent No.6, for the purpose of collection of toll, is illegal, discriminatory and arbitrary and, hence, the arrangement may not to be allowed to continue and that respondent No. 5, namely, Executive Officer, Jaleswar Anchalik Panchayat, which is the appropriate author ity, may be directed to issue requisite tender notice and settle the said market in accordance with law. Considering the fact that the impugned order, dated 30.07.2009, was to remain in force until the time the suit aforementioned was disposed of, and in view of th e fact that the said suit and the Misc. case aforementioned already stand dismis sed for default, there can be no dispute, and there is, in fact, no dispute, tha t the said market, now, needs to be settled in accordance with law, particularly , when the current financial year would end with the end of the month of March, 2010. This Court is, therefore, of the considered view that the settlement of the mark et, in question, for the year 2010-2011, needs to be made only after issuance of tender notice by the respondent No. 5 herein inasmuch as it is the respondent N o. 5 herein, who is the competent authority, in the present case, to invite tend ers in this regard. Situated thus, this writ petition is disposed of with direction to the responden ts, particularly, respondent No. 5 herein, to issue requisite tender notice for the year 2010-2011 and settle the said market in accordance with law. As the en gagement of the respondent No. 6, by the impugned order, dated 30.07.2009, is no t being interfered with at this stage, no opportunity of hearing, in the facts a nd attending circumstances of the present case, need to be given to the responde nt No. 6 before issuance of the requisite tender notice. It is, therefore, dire cted that the tender notice, for settlement of the said market for the year 2010 -2011, shall be issued within a period of one week from the date of receipt of a copy of this order by the respondent No. 5 herein. The petitioner may furnish to the respondent No. 5 a certified copy of this order along with a copy of this writ petition and annexure(s) thereto. Let the LCRs, which have been called for, be sent back.