WP(C) 3709/2009 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. RP Sarmah learned senior counsel appearing for the petitioner. Also heard Mr. RK Borah, learned Government Advocate appearing for the respond ents. On receipt of funds from the Ministry of Tribal Affairs, Government of I ndia, for development of forest villages as well as for protection of Forest are a in State of Assam, the respondent initiated steps for execution of the scheme as per guidelines prescribed by the Government of India, Ministry of Forest. Th e fund was released to the respective Forest Development Agency constituted by t he State Government. The Forest Development Agency used to release the funds to the Joint Forest Management Committee for execution of the works by the Members of Joint Forest Management Committee (JFMC). The fund was receipt from the Min istry of Tribal affairs, Government of India through the Welfare of Plain Tribes & Backward Classes Department, Government of Assam (i.e. the WPT & BC Deptt.). The said department of Government of Assam while releasing the fund by i ts order dated 15/03/2009 framed certain guidelines No. 13. The guideline No.13 reads- The imputes/implements for the schemes must be purchased at the most com petitive price required. The schemes, prepared for implementation of the development works indica ted the improvement of roads, construction of culverts, improvement of schools a nd improvement of markets and as such other development activities in forest vil lages. The petitioner, by filing the present writ petition, alleged that the fu nd was utilized in violation of the guidelines aforesaid. It was also contended that the work was allotted to the Joint Forest Committee without resorting to th e tender process. While issuing the notice, this Court, vide order dated 02/09/ 2009, as an in interim, measure directed the respondent, not to make further all otment of the work without the leave of this Court. However, the liberty was gi ven to the respondent to move the case for cancellation/alteration of the said i nterim direction. Being aggrieved by the said order the petitioner i.e. the said responden ts have come up with Misc. Case No. 3420/09 seeking modification/alteration of t he above interim order. It is contended that the entire work is required to be carried out, as p er the prescribed guidelines and that there was no violation of any terms and co nditions laid down by the appropriate authority. The learned Government Advocate, further submitted that the entire schem e regarding development of the forest villages and protection of the forest area is to be completed before the end of the next financial order. In view of the above, considering the urgency of the matter and as agree d by the learned counsel for both the parties, the writ petition is taken up for final disposal. Having heard the learned counsels for both the parties and perusing the guideline it appears that the sanction authority prescribed that all the imputes /implementation for the schemes should be purchased at the most competitive pric es as per requirement. From the contentions of both the parties, it appears that after receipt of the fund from the concerned authority, the Forest Development Agency has allo tted the work to the Joint Forest Management Committee. There is nothing on rec ord to find that any steps has been taken for procuring the necessary imputes/im plementations, towards execution of the schemes, at competitive prices. Therefor e, as required by Clause-13 of the guidelines dated 15/03/07, the necessary impu tes/implementations are required to be purchased on the basis of the competition . Considering the entire matter and the facts and circumstances of the cas e the writ petition is disposed of directing the respondents to proceed with the implementation of the schemes as per the prescribed guidelines, more particular ly the guidelines mentioned at Clause 13 of the letter dated 15/03/07 aforesaid. The imputes/implementations, for execution of the schemes shall be purch ased, as and when required, on competitive basis, by the executing agency. With the above direction, this writ petition stands disposed of. Conseq uently, the interim order dated 02/09/09 stands vacated. Accordingly, this Misc. Case is disposed of.