WP(C) 1681/2008 BEFORE HON’BLR MR. JUSTICE B.K. SHARMA. Heard Mr. P.J. Saikia, learned counsel for the petitioner in W.P. (C) No .1775/2008, Mr. P.J. Phukan, learned counsel for the petitioner in W.P. (C) No.1 681/2008 and Mr. U. Bhuyan, learned counsel for the petitioner in W.P. (C) No.16 77/2008. Also heard Ms R. Chakraborty, learned State counsel representing the of ficial respondents, Mr. S. Dasgupta, learned counsel representing the Simaluguri Town Committee and Mr. B.D. Goswami, learned counsel appearing on behalf of the private respondents. All the three writ petitions involving the Simaluguri Daily and Weekly Markets, have been heard analogously and are being disposed of by this common order. The petitioners are aggrieved by order dated 22.4.2008 passed by the Director o f Municipal Administration, Assam directing the Chairperson, Simaluguri Town Com mittee to settle both the markets with the private respondent i.e. Shri Jadab Sa ikia on the ground that he is the highest bidder for both the markets. The order was passed by the Director pursuant to the order passed by this Court on 11.4.2 008 in W.P. (C) No.1271/2008 and 3 (three) other writ petitions. The said writ petitions were filed by the contesting parties seeking settlement of the markets urging various grounds. The writ petitions were disposed of providing conside ration of the cases of the parties involved in accordance with law. It is the c ase of the private respondents that since the direction was issued to the Direct or of Municipal Administration for settlement of the markets in accordance with law, he has passed the impugned order dated 22.4.2008. As against the aforesaid plea of the private respondents, the petitioners have c ontended that as per the provisions of the Assam Municipal Act, 1956 and the Ru les framed thereunder, it is the Simaluguri Town Committee which is competent to settle the market. Learned counsel for the petitioners have submitted that sin ce the period of lease is only for one year and it is not for extension of the p eriod of lease, the Director of Municipal Administration has no role to play in the matter. Mr. U. Bhuyan, learned counsel for the petitioner in W.P. (C) No.1677/2008 has p laced reliance on the decision of this Court reported in (1992) GLJ 128 (Sarat K umar Neog v. State of Assam & Ors) . The said decision of the Division Bench of this Court dealing with the rules of procedure for the sale of pounds and market s by Municipal Boards and Town Committees in Assam held that if the period of le ase is for one year, the Board has absolute power to grant lease of the market, but if the period of lease is for more than one year, it is to be made by the B oard with the previous approval of the Director. There is no dispute that the T own Committee is empowered to grant a lease. In the instant case, the period of lease being only one year, as per the provisions of the Act and the Rules, it is the Town Committee, which is vested with power and jurisdiction to make the s ettlement in respect of both the markets. On this score alone, the jurisdiction exercised by the Director of Municipal Administration, Assam is not tenable in l aw. By exercising such jurisdiction by way of the impugned order dated 22.4.200 8, the Director has thrust upon the Town Committee to make the settlement of two markets in favour of the private respondents. I have gone through the records produced by Ms R. Chakraborty, learned Addl. Sr. Govt. Advocate as well as Mr. S. Dasgupta, learned counsel representing the Sim aluguri Town Committee. On perusal of the records, it appears that in the compar ative statement, the tenders submitted by the private respondents were indicat ed as defective. Similarly, the recommendation of the Town Committee was also n ot in favour of the private respondents. It is submitted that the Director of M unicipal Administration while passing the impugned order dated 22.4.2008 did n ot consult the records and/or tender documents. In the impugned order dated 22.4.2008, the Director of Municipal Administration has simply mentioned that as per the provisions of the Act and the Rules, the hi ghest bidder should be given the lease of a market unmindful of the fact that su ch highest bidder must not be defective and must be regular in all respects. Apart from the above, the Director himself on earlier occasions, expressed his opinion to the Town Committee that in respect of such type of lease, it is the Town Committee, which is vested with the power and jurisdiction to make the se ttlement of the market. Mr. B.D. Goswami, learned counsel for the private respondents submits that the D irector exercised his power and jurisdiction and passed the impugned order dated 22.4.2008 as this Court directed him to finalize the matter in the aforesaid or der dated 11.4.2008 passed in W.P. (C) No.1271/2008 and the connected writ petit ions mentioned above. By the said order, this Court only directed the Director to proceed with the matter in accordance with law after hearing the grievance o f the parties. If the Director is not vested with the power and jurisdiction, he could not hav e assumed such jurisdiction on the strength of the aforesaid direction of this C ourt. The direction was to proceed with the matter in accordance with law. If he is not otherwise vested with the power of settlement in respect of the kind o f settlement, with which we are concerned with, the aforesaid direction could no t have conferred such jurisdiction on him. Even if the matter was placed before him, he ought to have remanded the matter back to the Town Committee for decisio n in the matter. For all the aforesaid reasons, the impugned order dated 22.4.2008 is set aside a nd quashed and the matter is remanded back to the Simaluguri Town Committee to decide the matter in accordance with law. Necessary orders in this regard shal l be passed as expeditiously as possible, preferably within 31st May, 2008. The Town Committee shall pass final order in accordance with law taking into acc ount the materials available on record. With the above direction, the writ petitions are disposed of.