WP(C) 3048/2011 BEFORE HE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Ahmed, learned counsel for the petitioner as well as Mr. P Roy , learned State counsel appearing for all the respondents. The petitioner, by the present petition, has challenged the NIT dated 28 .5.2011 issued by the respondents for settlement of Char Airanjangla ghat ferry service on the ground that though he filed an application on 23.5.2011 before th e Panchayat authority for extension of the period of lease of the said ferry ser vice, as the petitioner has sustained loss during the current year, the same has not been disposed of till date. Mr. Ahmed, learned counsel, therefore, submits that unless the applicati on dated 23.5.2011 is considered and disposed of, the Panchayat authority cannot initiate the tender process as has been done in the instant case. Mr. P Roy, learned State counsel appearing for the State respondents on the other hand has submitted that there is no provision inthe Assam Panchayat Ac t, 1994 for extension of the period of lease and such lease can be granted only after inviting tender as required under Section 105 of the Act. It has also been submitted that the next year of settlement will commence from 1.7.2011 and the petitioner can participate in the said tender process. Mr. Roy further submits t hat at the most the petitioner may seek remission of the kist money by filing ap propriate application before the Govt. as required under Rule 49 of the Assam Pa nchayat (Financial) Rules, 2002. It appears from the averments made in the writ petition and the annexure appended thereto, that the petitioner has been settled with the aforesaid ferry service for the Panchayat year 2010-2011, the period of which is going to be ov er on 30.6.2011. The petitioner on 23.5.2011 filed an application before the Pan chayat authority praying for extension of the settlement of the said ferry servi ce alleging loss due to the reasons beyond his control, which application accord ing to the petitioner has not been considered and disposed of and instead the NI T dated 28.5.2011 has been issued for settlement of the said ferry service. The Assam Panchayat Act does not provide for extension of the period of lease. If the prayer made by the petitioner in the application dated 23.5.2011 f iled before the Panchayat authority is allowed it would amount to extension of t he period of lease earlier granted to the petitioner. Under the provision of the said Act the settlement of the ferry service is to be made on the basis of the tender system for which the NIT has been issued by the Panchayat authority. The settlement of the said ferry service also cannot be granted in favour of the pet itioner on the basis of the application dated 21.5.2011 without participation in the tender process initiated. The only remedy, which may be available to the pe titioner is to seek remission of the kist money on fulfillment of the conditions stipulated in Rule 49 of the Assam Panchayat (Financial) Rules, 2002. Admittedl y, the petitioner is yet to file any application before the Govt. for that purpo se. That being the position, the relief claimed in the present petition cann ot be granted. The writ petition is, therefore, dismissed. No cost. It would, however, not preclude the petitioner from filling appropriate application before the Govt. seeking remission of the kist money as provided und er Rule 49 of the Assam Panchayat (Financial) Rules, 2002. In the event such app lication is filed, the same shall definitely be considered and disposed of by th e authority.