WP(C) 2900/2008 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. P.J. Saikia, earned counsel for the petitioner who had submitted his b id in pursuant to the tender notice dated 11.6.08 seeking settlement of Utter Ru pahi Beel. It is submitted that the bid offered by the petitioner at Rs.14,700/- was the hi ghest bid received by the Chauldhuwa Gaon Panchayat, whereas the bid of the resp ondent No. 4 Ganesh Dahal was the 3rd highest at Rs.10,999/-. Notwithstanding the highest offer made by the petitioner, the Gaon Panchayat mad e the settlement by the impugned order dated 23.6.08 in favour of respondent No. 4 at his bid of Rs.10,999/- for the period from 1.7.08 to 30.6.09. Mr. P.J. Saikia, learned counsel refers to the provisions of Rule 47(10) of the Assam Panchayat Financial Rules, 2002 (hereinafter referred to as the Rules ) a nd submits that the highest offer has to be accepted for settlements made by the Panchayat and settlement other than at the highest bid can only be made with pr ior and formal approval of the Govt. The learned counsel submits that no such approval was taken by the settling auth ority Chauldhuwa Gaon Panchayat from the Govt. and accordingly the settlement or der made in favour of respondent No.4 is unsustainable in law, in the face of th e provisions of Rules 47(10) of the Rules. Although the notices on the settling authority and the settlement holder have be en served, as can be ascertained from the office note dated 5.2.09, none appears in Court to contest the contention raised on behalf of the petitioner and the s ubmissions of the petitioner remains uncontroverted. In view of above and having regard to the provisions of Rule 47(10) of the Rules , I find that the petitioner has made out a case for intervention by the Court a s he was the highest bidder. Therefore, I am inclined to allow this writ petitio n. Accordingly, the impugned settlement order dated 23.6.08 (Annexure-C) in favour of respondent No. 4 Ganesh Dahal in respect of Utter Rupahi Beel is hereby quas hed. The settling authority may operate the remaining period of the settlement with t he highest valid bidder in accordance with the Rules in force. Necessary order should be passed to execute the above order within a period of o ne week from the date of receipt of a copy of this order.