WP(C) 3181/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. B. Rahman, learned counsel for the petitioners and Mr. P. Roy, learned Govt. Advocate for the respondents. The petitioner is an intending lessee for getting settlement in respect of Sulun g daily market and Sulung weekly market under the jurisdiction of Pagchim Kaliab or Anchalik Panchayat. The NIT has been issued by the Anchalik Panchayat on 28/ 4/10 inviting tenders from the intending persons for settlement of the aforesaid two markets along with other markets under its jurisdiction fixing 14/6/2010. The grievance of the petitioners is that in the NIT dated 28/4/10, the Clause No .3 has been inserted stating that the Panchayat authority reserves the power to cancel any tender without recording any reason and not be bound to accept the hi ghest bid. Mr. Rahman, however, also raised a grievance as regards fixation of the earnest money as mentioned in Clause-1 of the NIT dated 28/4/10. Sub-Rule 10 of Rule 47 of the Assam Panchayat (Financial) Rules clearly mandates that the tender of the highest tenderer shall not be cancelled without recordin g any reason and in case of acceptance of a tender other than the highest tender er, same will require prior approval of the Government. On the face of mandate of the Act, the Clause No.3 incorporated in the NIT appears to be ultra-vires on e. As regards other grievance raised by the petitioners in respect of fixation of earnest money as mentioned in Clause-1 of the NIT, I am not impressed with th e submissions of the learned counsel. In view of the above discussion, this writ petition is disposed of with directio n that the Clause No.3 of the NIT dated 28/4/10 issued by the Pagchim Kaliabor A nchalik Panchayat shall not be given effect to and in stead the provision of Sub -Rule 10 of Rule 47 of the Assam Panchayat (Financial) Rules, 2002 shall be adhe red to by the Panchayat Authority in settling the markets etc. as per the impugn ed NIT. With this order, this writ petition stands disposed of.