WP(C) 4062/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. B. Buragohain, learned counsel for the petitioner and Mrs. VL Sinha, l earned State counsel appearing for the official respondents. The grievance of the petitioner is that although initially the Dibrugarh Zila Parishat issued the NIT to settle the Bogibeel Parghat, the same was subs equently stayed by the by the Dibrugarh Zila Parishad until further orders vid e notice dated 6.6.09 in view of the Full Bench decision rendered in WA No. 314/ 08 & Ors ( Harez Ali -Vs- State of Assam and Ors) and Ors. on 16.3.09 holding that the Zila Parishad has no jurisdictional authority to issue tender for settl ement of the Hats/Parghats. However, after staying the NIT no process for settle ment of the Parghat has been taken by the authority. It is contended by the lear ned counsel that the Parghat in question has been running by the previous less ee. Under the Assam Panchayat Act, 1994 there is no provision of extension o f the year for settlement and if further extension is allowed to run the Parghat the same will amount to violation of the Panchayat Act and not authorized by la w. If the Panchayat authority is not intending to run the Parghat in question p rocess should be initiated to settle the market under Section 106 of the Assam P anchayat Act and the Rules framed thereunder and it is not permissible to allow any other person to run the said Parghat without following the provision as cont ained in the Act aforementioned. In view of the above discussion and as agreed t o by the learned counsel for the parties, this writ petition stands disposed of with the direction that the Borboruah Anchalik Panchayat in whose jurisdiction the Bogibeel Parghat falls shall invite necessary tender in terms of Section 1 06 of the Assam Panchayat Act and if the value of Parghat is more than one lac then all the tender papers along with the related document be submitted to the Dibrugarh Zila Parishad for settlement in terms of the tender so submitted by th e respective tenders. Such invitation of tenders shall be done within a period o f two weeks from the date of receipt of the certified copy of this order by the Borboruah Anchalik Panchayat and immediately thereafter completing all the fo rmalities the connected papers shall be forwarded to the Dibrugarh Zila Parishad for necessary direction and the Zila Parishad in turn shall settle the Parghat as per relevant Rule. This disposes of the writ petition.