WP(C) 4405/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Mr. RK Adhikary, learned counsel for the petitioner and Mr. P Roy, learned State counsel. This is the second round of litigation challenging the settlemen t of Panjabari -Batahghuli market for the period of 2011-12. In the earlier orde r dated 09.08.2011 passed by this Court in WP ( C ) No. 3578 of 2011, the settle ment of the market in favour of respondent No. 6 was set aside, giving reasons f or the same. At the same time, the Zilla Parishad was directed to take fresh st eps within 2(two) weeks on the basis of the observations made by this Court. Admittedly, the bid of the respondent No. 6 stands at serial No. 7th . In other words, there are six bids higher than the said respondent. As per the direction of this court, the learned Government Advocate has produced the instructions received by him from the Zilla Parishad. From the written instruction dated 07.09.2011, it appears that the Zilla Parisha d has again taken a decision to settle the market with the respondent No.6. One of the grounds for settling the market with respondent No. 6, Panku Mohan Chetry is that his bid is very close to the previous settlement value of Rs. 1 lakh 19 thousand. As per the Chief Executive Officer, normally the market is settled in and around 10% increase of the previous settlement value. If that be so, the of fer of Panku Mohan Chetry is still higher than the 10% of the previous value. At the same time, I do not understand any logic behind this. The said condition wa s not put in the NIT. Hence, the ground of settling the market with Panku Mohan Chetry is unsustainable in law. Consequently, the settlement of the market with respondent No. 6, Panku Mohan Chetry was rightly set aside by this Court and I r e-affirm the decision taken by this Court in the earlier order. The Zilla Parishad , Kamrup(M) is directed to forthwith settle the market either with the highest bidder, provided his bid is valid, and if tha t is not so, the Zilla Parishad may settle with the 2nd highest bidder. In the result, this writ petition stands allowed with cost of Rs. 20,000/- payable by the Zilla Parishad to the writ petitioner.