WP(C) 3109/2011 BEFORE HON BLE MR. JUSTICE H.BARUAH Heard Mr. H.R.A. Choudhury, learned senior advocate assisted by Mr. J.Abedin, le arned counsel for the petitioner. Also heard Mr. P. Roy, learned G.A. Assam for the State respondents who accepts notice on their behalf. As agreed to by the learned counsel for the parties, this matter is take n up for disposal at the admission stage. In this writ petition, the NIT dated 5.05.2011( Annexure-9) issued by th e respondent nos.3 and 4 for settlement of Banglagarh Weekly Cattle Market is un der challenge. The issue raised in the writ petition is no longer res intergra as the s ame has already been settled by a Full Bench of this court reported in 2009 (2) GLT 561 (FB) wherein it has been decided that if the amount of bid fixed by the authority or bid offered by the parties is more than 1 lakh, such bid shall be invariably settled by the Zila Parishad in terms of section 109(6) of the Assam Panchayat Act, 1994. On perusal of the NIT dated 5.5.2011 it appears that the lower bid value for the market as indicated above fixed by the Anchalik Panchayat is Rs. 22,37, 888/- and as such, it is submitted that settlement of the aforesaid market in qu estion by the Anchalik Panchayat does not arise. Mr H.R.A. Choudhury, learned se nior counsel in support of his contention refers to the following para which fin ds place in the NIT. The aforementioned Markets/Hats will be settled by the Anchalik Pancha yat and before giving settlement approval shall be obtained from Darrang Zilla P arishad, Mangaldoi as per Section 109(6) of Assam Panchayat Act,1994. The petitioner herein is interested only in respect of the Sl. No.1 of t he NIT i.e. Banglagar Weekly Cattle Market. On consideration of the facts and su bmission of the counsel of both the parties and documents available on record an d the law laid down by the Full Bench of this court, this court is of the consid ered opinion that the NIT issued cannot sustain in law and in view of minimum bi d value fixed by the Anchalik Panchayat. Sub-section 6 of Section 109 of the Act states as under : 6. The Hats, Ferries and Fisheries falling under any Anchalik Pancyhat within the jurisdiction of Zilla Parishad the yearly sale value of which is mor e than rupees one lakh( * * * ) 1 shall be settled by the Zilla Parishad concer ned for a period coinciding with and not exceeding one Panchayat Financial year as under Section 105, 106 and 109 in the manner prescribed. The powers of exami nation and final acceptance of such tenders shall be vested in the Standing Comm ittee as under Section 81(i) (a). The distribution of sale proceeds shall be in the manner as prescribed in the foregoing sections. The provision speaks that if the yearly sale value of which is more than rupees 1 lakh the Anchalik Panchayat would not have the jurisdiction to settle Hats, Ferries and Fisheries failing under any ’Anchalik Panchayat within the jur isdiction of the Zilla Parisahad rather the Zilla Parishad would have the juris diction to settler the Hats, Ferries and Fisheries. Accordingly, NIT dated 5.05.2011 is set aside and quashed which relates only to Banglagarh Weekly Cattle Market which only relates to item No.1. This writ petition accordingly stands disposed of.