WP(C) 2795/2009 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. Rafique, the learned counsel for the petitioner, Mrs. Phookan, the learned State Counsel appearing on behalf of the respondent Nos.1 t o 3 and Mr. HRA Choudhury, the learned Sr. Counsel appearing on behalf of the re spondent Nos.4 and 5 as well as Mr. Goswami, the learned Sr. Counsel appearing o n behalf of the respondent No.6. The petitioner, by the present petition, has challenged the orde r of settlement dated 25-06-2009 issued by the Chief Executive Officer, Dhubri Z illa Parisad, settling Kharuabandha Weekly Market in favour of the respondent No .6 at his bid value of Rs.10,31,000/- for the period from 01-07-2009 to 30-06-20 10 on the ground that under the provisions of the Assam Panchayat Act, 1994, Zil la Parishad has no power and authority to issue tender notice, as has been done in the instant case. Mr. Choudhury, the learned Sr. Counsel appearing on behalf of th e respondent Zilla Parishad as well as Mr. Goswami, the learned Sr. Counsel appe aring on behalf of the settlement holder, the respondent No.6, have fairly submi tted that in view of the full Bench decision of this Court in Harez Ali & Anr. - Vs- State of Assam & Ors. reported in 2009 2 GLT 561, the Anchalik Panchayat whi le is required to issue the Notice Inviting Tender, if the value offered by the bidder is more than rupees one lakh, the entire papers are required to be sent t o the Zilla Parishad for taking necessary action regarding the settlement of the market. It has further been submitted that the power of settlement with the ap proval of the Zilla Parishad, is with the Anchalik Parishad if the bid value is not more than Rs.1,00,000/-. The learned State Counsel has also concurred with the submission of the learned Sr. Counsel appearing for the Zilla Parishad as we ll as the private respondent. It is not in dispute that the Notice Inviting Tender has been is sued by the Zilla Parishad on 02-05-2009 inviting bids from the intending bidder s for settlement of the said market. Pursuant to the said Notice Inviting Tende r, the respondent No.6 alongwith others submitted their tender papers. However, the petitioner did not participated in the said tender process. That being the position, the impugned order dated 25-06-2009 is set aside. The Anchalik Panchayat, namely Fekamari Anchalik Panchayat is direct ed to initiate the process of inviting tender, which shall be done within a peri od of 10 (ten) days from today and thereafter, if the bid value offered by the t enderers exceed Rs.1,00,000/-, all the papers shall be sent to the Zilla Parisha d for taking decision in the matter. It is needless to say that if the bid valu e is Rs.1,00,000/- and less, the Zilla Parishads confirmation shall be taken by the Anchalik Panchayat before making settlement. The entire exercise is directe d to be completed by the Anchalik Panchayat as well as by the Zilla Parishad by 5th October, 2009. For the aforesaid period, the Zilla Parishad is directed to mana ge the market departmentally without inducting any private person. The writ petition is accordingly allowed. No cost.