WP(C) 4414/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. R. Ali, learned counsel for the petitioner and Mrs. VL Sinha, learned State counsel appearing for the official respondents. The pleaded case of the petitioner is that a Dhumarkur Hat is situated over a pl ot of land measuring 13 Bighas 3 Kathas 2 Lechas covered by Dag Nos. 349, 355 an d 356 in Village Rajaghat, Mouza Bhawanipur in the District of Barpeta, Assam wh ich is a Govt. land being ceiling surplus land. The aforesaid hat was settled b y the Barpeta Zilla Parishad by issuing NIT in terms of Section 108 of the Assa m Panchayat Act for the period 2007-08. After expiry of the said period the no NIT has been issued for settlement of the said hat. Being aggrieved, the petitio ner has approached this court for necessary direction for settling the market by issuing necessary NIT. Mrs Sinha, learned Govt. Advocate, upon instruction has submitted that the Zilla Parishad has not allowed any private party to run the Dhumarkur Hat and the pro cess of settlement of the Hat will be taken by the tender process if the court s o desires. The aforesaid instruction produced by Mrs. Sinha is kept on record. It is not disputed that the present land where the Hat was running is a Govt. land. There is a specific provision under the Assam Panchyat Act for settling th e Market/Hat by resorting to tender process as provided under the Panchayat Act. Neither the Zilla Parishad nor the Panchayat has the authority provided under Chapter 7 of the Act is entitled to settle the mart in its own without following the procedure as enunciated in the Act. Accordingly, the respondents authority is directed to settle the Hat by issuing necessary tender process since the matt er has already been delayed. It shall be the responsibility of the Barpeta Zilla Parishad to settle the Hat i n question as per the provision of settlement by issuing necessary NIT. With the above direction, this writ petition stands disposed of.