WP(C) 5661/2011 BEFORE THE HON’BLE MR JUSTICE. B.D. AGARWAL Heard Mr. B. Banerjee, learned Sr. counsel appearing for the pet itioner and Mr. J. Handique, learned Govt. counsel for the State respondents. The writ petition was taken up for consideration on being liste d in the supplementary cause list on being mentioned by the petitioner. The petitioner’s case is that Dikhow Silt Mahal was settled with the writ petitioner for a period of three years w.e.f. 19.11.08 to 18.11.2011. It is the further case of the writ petitioner that as per the settlement agree ment, the petitioner was allowed to extract 43740 M3 of silt. However, the wri t petitioner was prevented from extracting the silt/stone from 5.2.2011 for a pe riod of nearly nine months as the embankment to the quarry was closed by the Ex ecutive Engineer and Water Resources Department, Sivsagar for repairing works. A s a matter of precaution, the writ petitioner obtained a certificate from the co ncerned Executive Engineer on 12.l8.2011 certifying that Dikhow embankment was n ot allowed by any person for plying their trucks and any other vehicle from 5.2. 2011 for repairing works. The contents of the said certificate are extracted bel ow in extenso : To, Sri Santanu Buragohain Sivasagar. Sub:- Closure of Embankment of river Dikhow nearby puccaghat. Sir, With reference to your letter dtd. 26th July/2011, I am to inform you th at no Truck or other vehicles are allowed to ply over the Dikhow embankment near by puccaghat with effect from 5.2.2011 due to repairing works of embankment unti l further order. Yours faithfully, Executive Engineer Sivasagar W.R. Division, Sivasagar. Mr. Banerjee, learned Sr. counsel submitted that under Rule 21 ( 3) of the Assam Sale of Forest Produce Coups and Mahal Rules, 1977, the settleme nt holder is entitled to three months extension of the Mahal, if he is not able to operate the same for the reasons beyond his control. Learned Sr. counsel subm itted that the Divisional Forest Officer was intimated about the closure of the road by the Water Resources Department on 10.2.2011 and thereafter a formal repr esentation was also submitted to the Principal and Secretary, Environment and Fo rest Department, Govt. of Assam on 17.8.2011, requesting for extension of the le ase period of nine months. Learned counsel further submitted that in the meanwhi le, the Divisional Forest Officer has already submitted report to the Conservato r of Forest, Eastern Assam on 12.9.2011. However, no order has been passed by th e competent authority on the representation of the writ petitioner, although his settlement is going to expire on 18.11.2011. At this stage, I would like to mention herein that there is no mention of letter dated 10.2.2011, earlier submitted by the writ petitioner to t he Divisional Forest Officer, intimating about the closure of the road in his re port dated 15.9.2011. There is also no acknowledgement of the aforesaid letter f rom the office of the D.F.O. The above apart, it is not understood as to why an embankment wa s closed for several months on the ground of repairing works. Apparently, the ce rtificate dated 12.8.2011 has been issued in reply to a letter of the writ petit ioner by the Executive Engineer, Sivsagar W.R. Division. In my considered opini on, if the embankment was actually closed for repairing works, the Sivsagar W.R. Division should have intimated it to the concerned superior authorities and als o to the forest department. Hence, the possibility of procuring a favourable c ertificate from the Executive Engineer, Sivsagar W.R. Division cannot be ruled o ut. All these aspects are, no doubt, shall be examined by the concerned authorit ies. Accordingly, the writ petition stands disposed of with the direc tion to the respondent No.2 to examine and dispose of the representation dated 1 7.8.2011 as expeditiously as possible and preferably within a period of two week s. It is in the interest of forest department to decide the representation exped itiously since further process of settlement may be held up due to pendency of the writ petition. Needless to mention herein that till the representation is dispo sed of by the concerned authority, the further process of settlement of the Dikh ow Silt Mahalt shall not be initiated and no permit shall be issued. The petitioner is directed to submit a certified copy of this order to the respo ndent No.2 along with all the relevant documents by 18.11.2011. Registry is further directed to forward a copy of this order to the Chief Secret ary, Govt. of Assam for making necessary enquiry through a competent officer t o ascertain as to whether the Dikhow embankment was at all closed from 5.2.2011, if so, for what period and on what basis a certificate was issued in favour of the writ petitioner on 12.8.2011. If it is found that the Executive Engineer, Si vsagar W.R. Division issued the certificate on extraneous considerations, stro ngest disciplinary action shall be taken against the said officer. Registry shal l also forward a copy of Annexure - 13 with this order to the Chief Secretary fo r necessary action. With the aforesaid directions, the writ petition stands disposed of.