WP(C) 3280/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY This matter pertains to the settlement of Panchmile Daily Market for which tend er notice was issued by the Gabharu Anchalik Panchayat on 18.5.2009. The petiti oner made a bid of Rs.1,02,000/-, whereas the market was settled with respondent No.9 Md. Khursidul Islam at his bid value of Rs.55,660/-. It is submitted by Mr. S.C. Biswas, learned counsel appearing for the petitioner that there was no reason for rejecting the higher bid offered by the petitioner while accepting the lower bid of the respondent No.9 for giving him settlement of the Market. It appears that although notices were served on the concerned respondents, no co unter affidavit has been filed by any of them. Mrs. V.L. Sinha, learned Government Advocate on the basis of instructions submit s that the higher bids of the petitioner and another tenderer were not considere d, having purported regard for the interest of the flood affected people of the locality and it is on this basis the authority decided to settle the market with respondent No.9, although he was not the highest tenderers. The cause shown for settling the market at the lower bid offered by the responde nt No.9 can’t be considered by this Court to be a reasonable ground germane to t he process of settlement of public markets. Accordingly the impugned order dated 8.7.2009 (Annexure-4) of the Gabharu Anchal ik Panchayat giving settlement of the market to respondent No.9 Md. Khursidul I slam is set aside and quashed. As the settlement term is to end on 30.6.2010, the respondents are directed to c onsider settlement in favour of the writ petitioner, although his bid at Rs.1,02 ,000/- is not the highest bid. This is considered reasonable as the petitioner d eserves the fruits of his litigation and the other tenderers have slept over the ir rights and have not agitated their grievances before the Court. With the aforesaid direction the writ petition stands allowed.