WP(C) 4583/2011 BEFORE THE HON’BLE MR JUSTICE. BD AGARWAL Heard Mr. A. Choudhury, learned Sr. counsel for the petitioner and Mr. A. Sarma, learned counsel appearing for the respondent No.6. Also heard Mrs. HM Phukan, l earned Jr. Govt. Advocate for the State respondents. The name of the respondent No.5 has already been struck off vide order dated 12.09.2011. The petitioner herein is challenging the order dated 3.9.2011 p assed by the Commissioner & Secretary to the Govt. of Assam, Panchayat and Rural Development Department whereby the said authority has directed the Juria Anchal ik Panchayat to settle the Arabari Bi-weekly market for 2011-12 in accordance wi th law. The learned counsel for the petitioner submitted that while pass ing the aforesaid order to settle the market, the authority has not discussed th e validity and legality of the tender/documents of the writ petitioner to be con sidered for settlement of the market. According to the learned counsel, even oth erwise, the impugned order is untenable in law inasmuch as since the bid value o f the number of tenderes is more than ‘ 1.00 (one) lac per year, the market has to be settled by the Zilla Parishad. To the aforesaid submission, the learned counsel for the respondent No.6 and the learned Govt. Advocate had no objection. After going through the comparative statement of the tender, I f ind that the many tenderers have quoted above ‘1.00 (one) lac per year for th e market. It is true that in the remarks column, it has been mentioned that the tenders of Sl. No. 1 to 6 are incorrect. However, no reasons have been assigned for the said remarks. Even otherwise, since bid value is more than ‘1.00 (one) lac, the Anchalik Panchayat would have straightway forwarded the matter to the Zilla Parishad as required under Section 109(6) of the Assam Panchayat Act, 1994 , who is the authority to settle the market. Accordingly, the writ petition stands disposed of. The impugned order stands modified to the extent that the bids for the aforesaid markets shall be referred to Nagaon Zilla Parishad for settlement. Since there is a stay order by this court, the Anchalik Panchayat shall forward all the docu ments and tenders etc to the Zilla Parishad within a week from the date of rece ipt of the certified copy of this order. Stay order passed on 12.9.2011 shall stand vacated.