WP(C) 3224/2010 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Sarma, learned counsel for the petitioner as well as Mr. R Roy, learne d Senior Govt. Advocate, Assam appearing for the respondent Nos. 1 and 2. The petitioner has filed the present petition for a direction to the respondent authorities, more particularly, the respondent No. 1 to consider and dispose of the representation dated 9.4.2010 filed by the petitioner, praying for remission of the kist money and/or extension of the period of settlement in respect of Bh imsingh Bazar (Kalarhat) under Gauripur Anchalik Panchayat, Dharmassala. Accordi ng to the petitioner the said market was settled with him vide order dated 30.6. 2009 by the Chief Executive officer of Gauripur Anchalik Panchayat for the perio d from 1.7.2009 to 30.6.2010. According to the petitioner, though he deposited t he entire kist money, because of his inability to operate the market due to heav y water logging and severe flood in the area he filed a representation dated 9.4 .2010 before the Commissioner and Secretary to the Govt. of Assam, in Panchayat and Rural Development Department praying for remission of the kist money and als o for extension of the period of settlement but the said representation has not been disposed of till date. The learned counsel for the petitioner, however, during the course of hearing ha s submitted that the representation filed by the petitioner is the representatio n for remission of the kist money and not for extension of the period of settlem ent as the Assam Panchayat Act does not provide for extension of the period of l ease. Mr. P Roy, learned Senior Govt. Advocate appearing for the respondent Nos. 1 and 2 has submitted that in the event such representation has been filed, the same shall definitely be considered by the respondent No. 1 in accordance with law. Rule 49 of the Assam Panchayat (Financial) Rules, 2002 provides that the Govt. m ay consider the remission of kist money in respect of the hat/ghat/fisheries on special ground namely, flood, natural calamities and any other disturbances whic h is beyond the control of the locality and the authority. According to the petitioner, the said provision squarely applies to the case in hand. In view of the above, the present writ petition is disposed of with the directio n to the respondent No. 1, the Commissioner and Secretary to the Govt. of Assam, Panchayat and Rural Development department to consider and dispose of the repre sentation dated 9.4.2010 (Annexure B to the writ petition) filed by the petition er in so far it relates to the prayer for remission of the kist money, in accord ance with law within a period of two months from the date of submission of certi fied copy of the order passed today along with the copy of the writ petition al ong with annexures appended thereto, by the petitioner. The writ petition is disposed of. No cost.