WP(C) 3628/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL The writ petitioner herein is challenging the order dated 28.06.2011 passed by t he Block Development Officer, Dotma Development Block , Kokrajhar giving the app roval of Bodoland Territorial Council to settle Fakiragram Go hut with the respo ndent No.5, namely, Prasanta Kumar Brahma. Heard Mr. P Sharma, learned counsel for the writ petitioner and Mr. J Handique, learned Government Advocate for respondent No.1 and Ms. M Bo rdoloi, learned counsel for respondent Nos. 2, 3 and 4. Also heard Mr. KR Patgir i, learned counsel for the respondent No.5. I have also perused the comparative statement of the bidder and the impugned approval order. The respondents have not filed their affidavit-in-oppositio n. During the course of hearing, Ms. Bordoloi also submitted that she has not re ceived any instructions to make any submission as to on what ground the approval to the second highest bidder has been given for settlement of the market. Admittedly, one Sri Amar Brahma was the highest bidder quoting Rs. 2, 90,00/- (Two lakhs ninety thousand). However, his tender was defective fo r non submission of relevant documents. His offer was followed by the petitioner ’s bid of Rs.2, 20,000/- (Two Lakhs twenty Thousand). From the comparative state ment, it appears that respondent No. 5 stood third in the bid. The normal concept to settle market is that highest bidder s hould be offered the market. However, for any reason, his tenders are found defe ctive or not suitable for any other reason, the settling authority may proceed t o settle the market with the next bidder. In the present case, no reason has bee n assigned as to why the second bidder has been chosen for settlement of the mar ket. In other words, the settlement is dehors to the principle of settling the m arket with highest bidder. For the foregoing reasons, the impugned order is hereby set aside. The settlement of the market with respondent No. 5 is accordingly set asi de. The respondent No.4, i.e. the Block Development Officer, Dotma Development B lock, Kokrajhar is directed to settle the market with the writ petitioner withou t any delay and within a period of one week from the date of receipt of a copy o f this order. With the aforesaid directions, the writ petition stands d isposed of.