WP(C) 4050/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. B. Sinha, learned counsel for the petitioners and Mrs VL Sinha, learne d Govt. counsel appearing for the official respondents. Since the notice has been accepted by the parties, the same is treated a s served. The subject matter of challenge in this writ petition is the non adheren ce of the provision of Secton 106 of the Assam Panchayat Act in the matter of se ttlement of From Kayam Vassani to Amimerchar Parghat, Kalapakani Ilsamari Par Parghat, From Reserversar to Mannayrchar Parghat and from Reserversar M.E. Schoo l to Bailar Char Parghat by the Anchalik Panchayant and thereby allowing to ru n the same to the private respondents without issuing any tender notice. It is c ontended by the learned counsel that the NIT was issued for settlement of the af oresaid Parghats by the Anchalik Panchayat for the period from 2009-10 by the E xecutive Officer on 12.5.09. After submission and during the pendency of the ten der one Sri Shahjamal Haque filed a Title Suit No. 14/09 in the court of leanred Civil Judge, Dhubri along with the prayer for temporary injunction. Thereafter, notice was issued by the learned trial court. Due to pendency of the aforesaid suit the Anchalik Panchayat did not proceed with the settlement of the parghat. However, later on the suit was withdrawn on 28.7.09 but in spite of the same th e Panchayat authorities have not taken any steps for settlement of the Parghat i n question in terms of the tender notice and allowed to be run by the private ne gotiations. Settlement of the Hats/bazaar/parghats fall under the jurisdiction of th e Anchalik Panchayat and they are required to follow the procedure under Section 106 of the Assam Panchayat Act, 1994 for inviting the NIT by following Rule 47 of the Assam Panchayat Financial Rules, 2002. Panchayat authority is not permit ted to violate the aforesaid statutory provision in respect of the public premis es. In view of the above discussion and after hearing the learned counsel f or the parties, this writ petition stands disposed of with the direction that th e Gauripur Anchalik Panchayat shall proceed to settle the aforesaid parghat i n question in terms of the NIT dated 12.5.09 following the procedures contained under Rule 47 of the Assam Panchayat Financial Rules, 2002. This shall be done within a period of three weeks from the date of receipt of the certified copy of this order. This disposes of the writ petition.