JUDGMENT : MANISH CHOUDHURY, J. 1. The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail a decision taken by the respondent no. 3, which has been conveyed to the respondent no. 4 by an Office Letter bearing no. eCF. 657134/26 dated 17.07.2025. By the Office Letter dated 17.07.2025, the respondent no. 3 had directed the respondent no. 4 to submit a detailed report with proper assessment regarding the conduct of the lottery held on 26.06.2025 to decide the matter of settlement of Tumuki Saturday Weekly Market for the Panchayat Year : 2025 – 2026. It was further communicated that the decision of the lottery held on 26.06.2025 should be kept in abeyance till submission of the detailed report, which was directed to be submitted on or before 19.07.2025. As a consequence of the said decision, the petitioner has been stopped from running Tumuki Saturday Weekly Market for which he is the Settlement holder. 2. By a Tender Notice dated 11.06.2025 issued under the authority of the respondent nos. 5 & 6, bids were invited for settlement of the market named Tumuki Saturday Weekly Market [‘Tumuki Market’, for short] for a period of one year for the Panchayat Year : 2025 – 2026 as per the provisions of the Assam Panchayat Act, 1994, as amended [‘the Panchayat Act’, for short]. In response to the Tender Notice, four nos. of bidders submitted their bids. 3. The Standing Committee of Tumuki Gaon Panchayat, constituted under Section 22[1] of the Panchayat Act, evaluated the bids of the four participant bidders. Upon evaluation of the bids, the Standing Committee inter alia found two bids among the four bids received, responsive to the terms and conditions of the Tender Notice. Upon comparison of the bid values offered by the two responsive bidders, it was found out by the Standing Committee that both of them, that is, the petitioner and the respondent no. 7 offered the same bid value of Rs. 3,85,000/-. 4. In a Meeting held on 23.06.2025, Tumuki Gaon Panchayat resolved to decide the matter for selection of the successful bidder for Tumuki Market by way of lottery after consultation with the jurisdictional Zilla Parishad authorities. 7 offered the same bid value of Rs. 3,85,000/-. 4. In a Meeting held on 23.06.2025, Tumuki Gaon Panchayat resolved to decide the matter for selection of the successful bidder for Tumuki Market by way of lottery after consultation with the jurisdictional Zilla Parishad authorities. On the same date, the President of Tumuki Gaon Panchayat after discussing the matter with the competent authority in the Sonitpur Zilla Parishad, decided to conduct the lottery at 03-00 p.m. on 26.06.2025 during the next Meeting of the Gaon Panchayat to be held in the office of Tumuki Gaon Panchayat. The matter was accordingly informed to both the petitioner and the respondent no. 7. 5. On 26.06.2025, a Meeting was held for selection of the successful bidder in the office of Tumuki Gaon Panchayat. The Meeting was presided over by the President of Tumuki Gaon Panchayat wherein both the petitioner and the respondent no. 7 were present. The members of the Standing Committee of Tumuki Gaon Panchayat also attended the Meeting. In the Meeting, it was unanimously decided to conduct a lottery in presence of the members of the Standing Committee; the Executive Officer, Bihaguri Development Block, the Secretary of Tumuki Gaon Panchayat; the petitioner; and the respondent no. 7; apart from the general public. 6. On conducting the lottery, the Meeting declared the petitioner as the successful bidder in respect of the Tumuki Market for the Panchayat Year : 2025-2026. After selection of the successful bidder by lottery, the Minutes of the Special Meeting held for the purpose of settlement of Tumuki Market was prepared under the signatures and seals of the Executive Officer, Bihaguri Anchalik Panchayat & Block Development Officer, Bihaguri Development Block; and the Secretary, Tumuki Gaon Panchayat. After such resolution was taken in the Meeting of Tumuki Gaon Panchayat on 26.06.2025, a Settlement Order dated 27.06.2025 was issued whereby the petitioner was granted the settlement of Tumuki Market for the Panchayat Year : 2025-2026 at a settlement amount of Rs. 3,85,000/-, which was offered by the petitioner in his bid. 7. The petitioner has stated that after the Settlement Order, the possession of Tumuki Market was handed over to the petitioner and he started operating Tumuki Market. Subsequently on 07.07.2025, all on a sudden the impugned decision of the respondent no. 3 was conveyed to the respondent no. 4 and the respondent no. 7. The petitioner has stated that after the Settlement Order, the possession of Tumuki Market was handed over to the petitioner and he started operating Tumuki Market. Subsequently on 07.07.2025, all on a sudden the impugned decision of the respondent no. 3 was conveyed to the respondent no. 4 and the respondent no. 4 had, in turn, instructed the Tumuki Gaon Panchayat authorities to stop the petitioner from operating the market. Thereafter, the respondent no. 6 had issued an Office Letter dated 18.07.2025 instructing the petitioner not to operate the Market. 8. Aggrieved by the manner in which the petitioner was stopped from operating Tumuki Market despite a valid Settlement Order dated 27.06.2025, the petitioner has approached this Court by the instant writ petition assailing the decision taken by the respondent no. 3, which was conveyed by the Office Letter dated 17.07.2025 to the respondent no. 4. 9. I have heard Mr. M.P. Choudhury, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development for the respondent nos. 1 – 6. The respondent no. 7 was duly served with notice and on 10.11.2025, it was recorded that service of notice upon the respondent no. 7 was complete. But despite service of notice, the respondent no. 7 has not entered appearance in the instant proceeding. 10. The manner in which settlement of a market within the territorial jurisdiction of a Gaon Panchayat is to be settled has been prescribed in Section 105 of the Assam Panchayat Act, 1994 [‘the Panchayat Act’]. As per sub-section [1] of Section 105 of the Act, all markets within the territorial jurisdiction of a Gaon Panchayat shall be settled for a period coinciding with and not exceeding one Panchayat Financial Year by inviting tenders at the office of the jurisdictional Gaon Panchayat by its President. The powers of examination and final acceptance, as per sub-section [3] thereof, of all such tenders are vested in the Standing Committee constituted under sub-section [1] of Section 22 for the Gaon Panchayat. Sub-section [4] has prescribed that in case of any dispute of settlement, the concerned Gaon Panchayat may refer such case to the Zilla Parishad. 11. The terms and conditions of the tender process were mentioned in the Tender Notice dated 11.06.2025. In Clause 13 in the Tender Notice, it was mentioned that a two-stage procedure would be adopted for submission of tenders. 11. The terms and conditions of the tender process were mentioned in the Tender Notice dated 11.06.2025. In Clause 13 in the Tender Notice, it was mentioned that a two-stage procedure would be adopted for submission of tenders. As per Clause 13, if for a market more than one bidder submitted bids quoting the same bid value and if the bids of more than one bidder are found compliant to all the terms and conditions of the tender notice, then in such a case, the settlement of the market is to be determined by selection among the bidders quoting the same bid value through lottery to select the successful bidder from amongst the bidders offering the same bid value. The Standing Committee of the Gaon Panchayat would conduct the lottery process in presence of bidders and officials of the Gaon Panchayat in a transparent manner and the lottery was to be conducted at the Panchayat office premises. Before conducting the lottery, the information should be given to all the bidders and the entire lottery proceeding should be prepared under signature of the officials and the bidders. 12. In the case in hand, from the Minutes of the Meeting of the Gaon Panchayat, as placed by Mr. Dutta, learned Standing Counsel, it is found that after opening of the bids, the bids were scrutinized and after scrutiny, it was found that two bidders, that is, the petitioner and the respondent no. 7 whose bids were found compliant, had offered the same bid value, that is, Rs. 3,85,000/-. A resolution was taken in the Meeting of the Gaon Panchayat, held on 26.06.2025, to conduct the lottery after consultation with the jurisdictional Zilla Parishad. After consultation, it was decided that the lottery would be held at 03-00 p.m. on 26.06.2025 in the office premises of the Gaon Panchayat. Accordingly, the lottery was conducted during a Meeting held on 26.06.2025, in the office premises of the Gaon Panchayat at 03-00 p.m. on 26.06.2025. The Meeting was chaired by the President of the Gaon and was held in presence of the members of the Standing Committee of the Gaon Panchayat; the Secretary of the Gaon Panchayat; and the Executive Officer, Bihaguri Anchalik Panchayat & Block Development Officer, Bihaguri Development Block. Both the bidders, that is, the petitioner and the respondent no. 7 had also attended the lottery proceeding on consent. 13. Both the bidders, that is, the petitioner and the respondent no. 7 had also attended the lottery proceeding on consent. 13. The procedure adopted to conduct the lottery was recorded in the Minutes of the Meeting of the Gaon Panchayat, held on 23.06.2025 and was prepared under the seals and signatures of the Executive Officer, Bihaguri Anchalik Panchayat; and the Secretary, Tumuki Gaon Panchayat. 14. It is in the above backdrop, the impugned decision conveyed by the respondent no. 3 to the respondent no. 4 vide his Office Letter dated 17.07.2025 is required to be examined. As already found above, the authority and jurisdiction to settle a market within the territorial jurisdiction of a Gaon Panchayat is vested exclusively on the President of the Gaon Panchayt. 15. The genesis of the decision conveyed by the respondent no. 3 vide his Office Letter dated 17.07.2025 was a complaint submitted by the respondent no. 7 alleging that the Executive Officer, Bihaguri Anchalik Panchayat; and the Secretary, Tumuki Gaon Panchayat; drew the lots during the process of the lottery without involving a neutral and third party. The respondent no. 7 who attended the lottery proceeding himself by giving his consent and without any demur on 26.06.2025 is precluded from raising such nature of complaint. 16. The provisions contained in Section 105 do not mention about any role to be played by the respondent no. 3 in respect of a lottery proceeding even after the same is to be treated as a dispute arising in the matter of settlement of a market. The statutory prescriptions contained in Section 105 is to the effect that in case of any dispute, it is the jurisdictional Zilla Parishad, who has the authority and jurisdiction to give the final decision in the matter to resolve the dispute. 17. In view of the above discussion and for the reasons assigned, the impugned decision of the respondent no. 3 conveyed by the Office Letter dated 17.07.2025 is found to be without authority and jurisdiction and the same is liable to be interfered with. Accordingly, the impugned decision contained in the Office Letter dated 17.07.2025 wherein a report was called for from the respondent no. 4 and a decision was made to keep the decision of the lottery held on 26.06.2025 in abeyance till the receipt of the report called for is set aside and quashed. 18. Mr. Accordingly, the impugned decision contained in the Office Letter dated 17.07.2025 wherein a report was called for from the respondent no. 4 and a decision was made to keep the decision of the lottery held on 26.06.2025 in abeyance till the receipt of the report called for is set aside and quashed. 18. Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department by referring to an Office Letter bearing no. SZP 7/2025-26/8630 dated 19.07.2025 of the respondent no. 4 has submitted that from the said Office Letter, it is evident that the respondent no. 4 after receipt of the report submitted by the Executive Officer, Bihaguri Anchalik Panchayat has already come to a decision that the authorities in the Bihaguri Anchalik Panchyat and Tumuki Gaon Panchayat had duly observed the necessary formalities during the lottery proceeding held on 26.06.2025 for settlement of Tumuki Market, in conformity with Clause 13 of the Tender Notice. 19. In the above backdrop, Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department has submitted that since the respondent no. 4 has already taken a decision to resolve the dispute, the writ petition does not require further examination. 20. From the Office Letter dated 19.07.2025 of the respondent no. 4, it is evident that the respondent no. 4 has formed a view that the lottery proceeding, held on 26.06.2025, was held as per the procedure laid down in Clause 13 of the Tender Notice. Such decision of the respondent no. 4 can be construed to be a decision taken under sub-section [4] of Section 105 of the Panchayat Act, as amended. 21. From the above fact situation obtaining in the case and for the reasons recorded above, the instant writ petition is allowed. The interim order passed earlier stands merged with the final order. The petitioner shall, therefore, be allowed to operate Tumuki Market for the remaining period of the Panchayat Year : 2025-2026 in terms of the Order of Settlement dated 27.06.2025. There shall, however, be no order as to cost. 22. The documents place by Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department are kept with the case records by marking them as Document ‘A Colly’.