WP(C) 786/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. RC Saikia, learned counsel for the petitioner. The petitioner is the sitting lessee in respect of No. 43/44 Pa vakati/Sondova Min Mahal situated in the District of Morigaon. The lease of th e petitioner has been extended till 31.3.08 vide order dated 25.7.07 on conside ration of certain materials. The grievance of the petitioner as raised in this writ petition is that the area of operation of the fishery has been diminishing for certain natural reasons and accordingly he has prayed for payment of the revenue or calc ulation of the same as per the actual area of operation vide order dated 25.7.0 7 the Managing Director of the AFDC referred the matter for a decision to be ta ken by the Board of Directors as to whether there should be some decrease of t he revenue of the fishery. Dr. Ahmed has produced the connected record and sub mits that after 25.7.07 the Board has not taken any such decision as indicated in the said order. The lease of the period of settlement will continue till 31 .3.08. In that view of the matter, it is directed that the Corporation shall take appropriate decision in terms of the order dated 25.7.07 passed by th e Managing Director referring the matter to the Board of Director for taking de cision regarding the prayer made by the petitioner to refix the revenue within a period of 15(fifteen) days from to-day. Ms. Barua learned counsel submits that fishery in question has b een advertised for settlement for the period from 2008-09 and NIT No. 1/08 dated 18.2.08 has been issued to that effect. Accordingly, as to whether the petition er paid any excess revenue to the respondents in respect of the said fishery, shall be settled by the Corporation while taking decision as per reference made by the Managing Director to the Board on 25.7.07. Learned counsel for the petit ioner expresses apprehension that the tender of the petitioner may be rejected on the ground of defaulter although according to the petitioner he would not be a defaulter, if revenue is reduced. In view of the aforesaid situation, the te nder of the petitioner, if otherwise found valid , shall not be rejected on suc h count and would be subject to the decision of the Board of the Corporation as indicated above. With the aforesaid direction, this writ petition stands disposed of.