WP(C) 3290/2010 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Ms S Barpatragohain, learned counsel for the petitioner as well as Mr. P R oy, learned State counsel appearing for the respondent Nos. 1 and 3. The grievance of the petitioner in the present petition is that though he filed a number of representations before the Chief Executive officer/President of Siva sagar Zila Parishad for remission of the kist money deposited by him in respect of the settlement of Borsila Weekly market made in his favour vide order 7.9.200 9 for the period from 2009-2010, such representations have not been considered t ill date. The petitioner, therefore, prays for directing the respondent authorit ies to consider such representation and pass necessary order thereof. Mr. Roy, learned State counsel appearing for the respondent Nos. 1 and 3 has sub mitted that the power of remission of the kist money vests on the State Govt. on ly in view of Rule 49 of the Assam Panchayat (Financial) Rules, 2002 and in case the petitioner files representation before the Secretary to the Govt. of Assam in Panchayat and Rural department, the same shall definitely be considered by th e authority in accordance with law. Rule 49 of the 2002 Rules empowers the Govt. to consider the prayer for remissio n of the kist money payable in respect of hat/ghat/fishery on special ground nam ely, floods, natural calamities and other disturbances, which is beyond the cont rol of the locality and the authority. Since the petitioner is yet to approach the State Govt. praying for remission, t he present writ petition is disposed of with the observation that the petitioner may file appropriate application before the Commissioner and Secretary to the G ovt. of Assam in the Panchayat and Rural Development for remission of the kist m oney and in case such application is made, the same shall be considered and disp osed of within a period of three months from the date of filing such application . It is needless to say that while disposing such application the Commissioner and Secretary no doubt shall obtain the relevant report from the Zila Parishad. The writ petition is accordingly disposed of. No cost.