Achyut Krishna Das and 5 Ors. Vs the State of Assam and 12 Ors.

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GAHC010177912019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 5408/2019

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1:ACHYUT KRISHNA DAS AND 5 ORS.

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S/O SRI LILARAM DAS, R/O NO. 2 KOTHIA KHONDA VILLAGE, P.O. AND P.S. SAPEKHATI, DIST. CHARAIDEO, ASSAM,

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2: CITRABAN SONOWAL R/O NO. 2 SUMDAR GAON P.O. AND P.S. BORHAT DIST. CHARAIDEO ASSAM

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3: NABAJYOTI GOGOI S/O LT. KHETRADHAR GOGOI R/O NO. ROHAN PATHAR GAON P.O. ROHAN P.S. SAPEKHATI DIST. CHARAIDEO ASSAM

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4: PRADIP GOGOI S/O LT. UMA KANTA GOGOI R/O NO. 1 MEDELAJAN GAON P.O. AND P.S. SAPEKHATI DIST. CHARAIDEO ASSAM

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5: ANIL GOGOI S/O LT. PADESWAR GOGOI R/O DABULHABI GAON P.O. NAGAHAT P.S. CHARAIPUNG DIST. CHARAIDEO ASSAM

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6: BADAN GOGOI S/O TULESWAR GOGOI R/O BHOGBARI GAON P.O.BHOGBARI P.S. SAPEKHATI DIST. CHARAIDEO ASSA

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VERSUS

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1:THE STATE OF ASSAM AND 12 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR, GUWAHATI-781006

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006

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3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT.ASSAM JURIPAR PANJABARI GUWAHATI-781037

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4:THE CHARAIDEO ZILLA PARISHAD REP. BY THE PRESIDENT P.O. AND P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690

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5:THE PRESIDENT CHARAIDEO ZILLA PARISHAD P.O. AND P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690

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6:THE CHIEF EXECUTIVE OFFICER CHARAIDEO ZILLA PARISHAD P.O. AND P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690

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7:THE SAPEKHATI ANCHALIK PANCHAYAT REP. BY ITS EXECUTIVE OFFICER P.O. AND P.S. SAPEKHATI DIST. CHARAIDEO

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ASSAM

8:BISWA DAS

SETTLEMENT HOLDER SAPEKHATI WEEKLY MARKET

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9:PRASANTA SONOWAL

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SETTLEMENT HOLDER OF BORHAT WEEKLY BAZAR

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10:PULIN BORGOHAIN

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SETTLEMENT HOLDER OF SAPEKHATI DAILY BAZAR

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11:GANESH BORGOHAIN

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SETTLEMENT HOLDER OF KOLAKOTA ADARSHA WEEKLY BAZAR

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12:LALIT GOGOI

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SETTLEMENT HOLDER NO. 1 CHARAIPUNG PAN BAZAR

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13:THANESWAR BORA

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SETTLEMENT HOLDER OF KANUBARI BAGICHA POKHEKIA BAZAR (NOTICE TO RESPONDENT NO. 8 TO 13 MAY BE SERVED THROUGH CHIEF EXECUTIVE OFFICER CHARAIDEO ZILLA PARISHAD

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Advocate for the Petitioner : MR. D DAS SR. ADV

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Advocate for the Respondent : SC, PNRD

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 05-09-2019

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Heard Mr. D. Das, learned senior counsel appearing on behalf of the writ petitioners. I have also heard Mr. M. Nath, learned Standing Counsel, PNRD, Assam, appearing for respondent nos. 1, 2, 3, 6 and 7 and Mr. B.J. Ghosh, learned counsel for respondent nos. 4 and 5. Mr. T. Das, learned counsel has appeared for respondent no. 8 whereas Mr. U.J. Saikia, learned counsel appears for respondent nos. 9, 10, 11 and 13.

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Five petitioners, who had submitted their bids in response to the NIT dated 03/05/2019 floated by the Sapekhati Anchalik Panchayat for the purpose of settling several Hats/Ghats mentioned in the notice, have approached this Court assailing the orders of settlement issued in favour of the private respondents.

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The grounds of challenge of the settlement orders are common i.e the settlement orders have been

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issued in favour of the bidders quoting lower price than the writ petitioners and that in some cases, the settlement orders have been issued not at the quoted price but at a modified rate.

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The learned departmental counsel has questioned the maintainability of the writ petition taking the plea of mis-joinder of cause of action.

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Upon perusal of the materials on record, I am of the view that a common writ petition by the five writ petitioners would not be maintainable in the facts and circumstances of the case.

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At this stage, Mr. Das seeks leave of this Court to withdraw the writ petition so as to ventilate the grievances of the petitioners before the Government by stating that no approval of the settlement orders have yet been issued by the Government of Assam, as required under Rule 47(10) of the Assam Panchayat (Financial) Rules, 2002.

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In view of the above, this writ petition is permitted to be withdrawn with liberty to file appropriate representation before the Government of Assam.

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It is made clear that if the petitioners continue to remain aggrieved in the matter, it would be open of them to approach this Court once again, by filing appropriate proceedings.

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The writ petition stands disposed of.

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JUDGE

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Sukhamay

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Comparing Assistant

Achyut Krishna Das and 5 Ors. v. the State of Assam and 12 Ors.

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Achyut Krishna Das and 5 Ors. v. the State of Assam and 12 Ors.

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