WP(C) 2870/2009 BEFORE HON’BLE MR JUSTICE BP KATAKEY The petitioner, by the present petition, has challenged the order dated 25.6.2009 passed by the Chairman, Barkhetri Anchalik Panchayat settling the Ramp ur market in favour of the respondent No. 6 for the period from 1.7.2009 to 30.6 .2010 at Rs. 25,000/-. Such order of settlement has been challenged on the groun d that such order has been passed without following the procedure laid down unde r Section 105 of the Assam Panchayat Act, 1994 i.e. without issuing any notice i nviting tender as required under the law. I have heard Mr. Nur Mahmmud, learned counsel for the petitioner as well as Ms VL Singh, learned State counsel appearing for respondent Nos. 1 and 2. Pursuant to the order dated 19.8.2009 passed by this Court the petitione r has filed the affidavit dated 28.8.2009 to the effect that the notice on the r espondent No. 3 namely; the Chairman, Barkhetri Anchalik Panchayat has been serv ed personally and the notice on the respondent No. 4 i.e., the settlement holder , though was tendered by the petitioner in presence of the Gaonbura as well as h is son, he refused to accept the same. The petitioner has enclosed a copy of the notice issued from the Registry, which bears the signature of the respondent No . 3. In view of the above, the service on respondent Nos. 3 and 4 are accepted. None appears for the said respondents to contest the proceeding. The petitioner has made the statement on oath that the Chairman of the A nchalik Panchayat has passed the order of settlement dated 25.6.2009 settling Ra mpur market in favour of respondent No. 4 from 1.7.2009 to 30.6.2010 without inv iting any tender as required under Section 105 of the Assam Panchayat Act, 1994. Such statement on oath has not been denied by any of the respondents by filing affidavit and hence such statement has to be accepted for the purpose of conside ring the prayer made in the present writ petition. The respondents have also not produced the records to show that NIT was issued. Section 105 of the Act requires issuance of notice inviting tender by th e Anchalik Panchayat and settlement of the market/haat can be made by the Anchal ik Panchayat only thereafter. It is the uncontroverted statement on oath of the petitioner that the or der of settlement has been passed in favour of respondent No. 4 without inviting tender by issuing notice as required under Section 105 of the Act. Hence such o rder of settlement cannot be sustained in law. In view of the above, the order of settlement dated 25.6.2009 passed by the Chairman, Barkhetri Anchalik Panchayat is set aside. The Anchalik Panchayat is directed to initiate the process for settlement of the market forthwith in te rms of the provision of Section 105 of the Act. Such process shall be initiated within a period of 15 days from today. Till such settlement is made, the Anchali k Panchayat is directed to manage the market departmentally. The writ petition is accordingly allowed to the extent indicated above. No cost.