Page No.# 1/4 GAHC010100452024 2025:GAU-AS:9141 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2660/2024 ABDUS SAMAD SK SON OF LATE HUTU DEWANI, RESIDENT OF VILLAGE KUNTIRCHAR PT-II, P.O.- FALIMARI, P.S.- DHUBRI. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER, PANCHAYAT AND RURAL DEVELOPMENT, ASSAM, PANJABARI, GUWAHATI- 37. 2:DEPUTY COMMISSIONER DHUBRI PIN- 783301. 3:THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD DHUBRI PIN- 783301. 4:EXECUTIVE OFFICER GAURIPUR ANCHALIK PANCHAYAT DHARMASHALA PIN- 783324 Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR,MR D BARMAN, MR R KARIM Advocate for the Respondent : SC, P AND R.D., GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 16.07.2025 No one appears for the petitioner on call, while Mr. A. K. Ghosh, learned counsel appears for the P&RD Department. 2. The petitioner was settled with the Bazar/Ghat under Gauripur Anchalik Panchayat for the year 2023-2024, for the period w.e.f. 01.07.2023 to 30.06.2024, pursuant to a tender notice dated 04.05.2023. 3. The petitioner has thereafter filed the present writ petition, claiming that he has been prevented from operating the market by certain people and despite complaints being submitted by the petitioner, the authorities had failed to take any steps in the matter. 4. The petitioner has thus prayed that the respondent authorities should demarcate the Dhubrirchar Ghat and Dainik Bazar to enable the petitioner to collect the levy, as per the settlement order dated 05.10.2023. The petitioner has also made a further prayer for extending the settlement period for another 9 months. 5. Mr. A. K. Ghosh, learned counsel for the P&RD has submitted the para-wise comments and it’s Annexures, issued by the Chief Executive Officer, Zilla Parishad, Dhubri, which is to the effect that the Ghat/Bazar was settled with the petitioner for the period from 06.10.2023 to 30.06.2024, at the bid value of Rs.4,04,627/-. Further, the petitioner had deposited an amount of Rs.2,90,000/- Page No.# 3/4 only at the time of obtaining settlement of the Ghat/Bazar. However, due to conflict of interest regarding the jurisdictional area between the lessee of the Ghat and the lessee of the Bazar, the petitioner could not collect tolls from either the Ghat or the Bazar. As such, the petitioner prayed for refund of the amount of Rs.2.9 Lakh. Sanction was thereafter accorded for refund of the said amount to the petitioner. 6. The respondents’ counsel thus submits that, vide order dated 12.06.2024, issued by the Chief Executive Officer, Zilla Parishad, Dhubri, the petitioner’s bid amount of Rs.2.9 Lakh, which had been submitted by him, would be returned. 7. The order dated 12.06.2024, issued by the Chief Executive Officer, Zilla Parishad, Dhubri is made a part of the record and marked as Annexure-X. 8. The contents of the said letter dated 12.06.2024 are reproduced herein below as follows:- “Whereas, Dhubirchar Ghat and Dainik Bazar under Gauripur Anchalik Panchayat was settled with Sri Abdus Samad Sk., 5/O-Lt. Hutu Dewani, Vill- Kuntirchar Pt-I, P.O-Falimari, P.S.-Dhubri, Dist- Dhubri (Assam) from Zilla Parishad, Dhubri for the period from 06/10/2023 to 30/06/2024 at the calculated bid value of Rs. 4,04,627.00 (rupees Four Lakh Four thousand Six hundred and Twenty Seven) only. Whereas, Sri Abdus Samad Sk. has deposited an amount of Rs. 2,90,000,00 ('rupees Two Jakh Ninety thousand) only at the time of obtaining settlement vide UPI transaction dtd. 06/10/2023 to the Own Fund Account No. 50100609276379 of Zilla Parishad, Dhubri. Whereas, due to some conflict of interest regarding jurisdictional area between the lessee of Local Board Ghat settled by Dhubri Municipal Board and the Page No.# 4/4 lessee, Sri Abdus Samad Sk. of Dhubirchar Ghat & Dainik Bazar, Sri Abdus Samad Sk. could not collect tolls from the said Dhubirchar Ghat and Dainik Bazar. Whreas, the lessee Sri Abdus Samad Sk. has submitted a representation dtd. 15/03/2024 before the undersigned praying for refund of the amount of Rs. 2,90,000.00 which was deposited by him at the time of obtaining formal settlement order. Accordingly, due to non-clarity of the Jurisdictional area and as per approval of the District Commissioner, Dhubri, sanction is hereby accorded to refund an amount of Rs. 2,90,000.00 (Rupees Two lakh Ninety thousand) only to Sri Abdus Samad Sk., the lessee of Dhubirchar Ghat and Dainik Bazar for the year 2023-24. The amount be released though A/C payee Cheque / NEFT which shall be debited from the Own Fund account of Zilla Parishad, Dhubri.” 9. A perusal of the Annexure-X shows that the part of the bid amount submitted by the petitioner has to be returned to the petitioner. Accordingly, the respondents are directed to refund Rs.2.9 Lakh deposited by the petitioner, within a period of 10 days from today, if the same has not been returned to the petitioner already. 10. In view of Annexure-X, there is nothing left to decide in this writ petition. The writ petition is accordingly closed. JUDGE Comparing Assistant