WP(C) 2699/2009 BEFORE HON’BLE MR.JUSTICE PK MUSAHARY Heard Mr. B.Chakraborthy, leanred counsel for the petitioner. Al so heard Mr. P K Sharma for Respondent No.2 and Mr. R. Hussain, learned counsel for Respondent No. 3. The Respondent No. 2 quoted the tender for settlement of hut-gh at in the year 2009/ 2010 i.e. from 01.07.2009 to 30.0.2010. The petitioner part icipated in the said tender process along with the Respondent No. 3 and others. The petitioner quoted the rate at Rs. 3, 55, 555/-( Three lakhs , fifty five tho usand five hundred and fifty five ) while the Respondent No. 3 quoted at the ra te of Rs. 3, 17, 111/- ( three lakhs seventeen thousand one hundred and eleven ) . Although the petitioner quoted the highest rate, he was not offered the settl ement and the Respondent No. 3 who, admittedly quoted the lower rate was offered the settlement by Respondent No. 2. The petitioner has challenged the aforesaid decision of the Respondent No. 2 in this writ proceeding. While issuing the notice on 03.07.2009, this Court stayed the s ettlement notice dated 23.06.2009 with regard to the Kakopathar Daily and weekly market till the returnable date i.e. 31.07.2009. It was also provided in the sa id order that if any interim arrangement is to be made for the market, the same can be made only by the jurisdictional Anchalk Panchayat It has been submitted at the bar that the aforesaid market is being run by Tinsukia Zilla Parishad wi thout allowing Respondent No. 3 to operate the same. This arrangement is in forc e till this date and the settlement period in respect of the aforesaid market is going to expire on 30.06.2010. Since, a period of hardly one month is left, the parties have co me to an agreement at the Bar that the zilla parishad concerned may be allowed t o operate the market in question till 30.06.2010 and thereafter a fresh tender n otice be issued by the authorities concerned for settlement of the said market. This position is accepted by this Court and accordingly this petition is dispose d of with a direction to the Respndent No. 2 to operate the market till 30.6.20 10 and issue necessary tender notice in accordance with the existing rules and p rocedure. Needles to say that the impugned order dated 23.06.2009 ( Annexu re-B) would stand quashed.