WP(C) 2920/2011 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. A.K. Talukdar, learned counsel for the petitioner and Mr. P. Roy, lear ned State Counsel appearing for all the respondents. The petitioner by the present petition has prayed for a direction to the respond ent authorities to extend the period of lease of Nilambazar Market by 1 (one) ye ar to recover the loss sustained by him and also challenging the Notice Inviting Tender (NIT) dated 23rd May, 2011 issued by the Panchayat Authority for settlem ent of the said market in question. A further prayer has also been made to cons ider the application filed by him under Rule 49 of the Assam Panchayat (Financia l) Rules, 2002 (in short, 2002 Rules ) for remission of the kist money on the g round that the possession of the market in question was handed over to him 1 (on e) month after the date of the order of settlement and the petitioner has also s uffered huge loss because of certain reasons as reflected in the application fil ed by him. The learned counsel on the backdrop of such assertion of the petitioner has subm itted that since the representation filed by the petitioner for extension of the period of lease as well as for remission of the kist money is pending before th e Government of Assam in Panchayat and Rural Development Department, the said re presentation may directed to be disposed of by a speaking order and till such a decision is taken, the further proceeding pursuant to the impugned NIT dated 23r d May, 2011, in so far as the aforesaid market in question may be stayed. Mr. Roy, learned State Counsel appearing for the respondents, on the other hand, has submitted that under the Panchayat Act there is no power to extend the peri od of lease and the market has to be settled for each panchayat year commencing from 1st July of every year and as such, the prayer of the petitioner for extens ion of the period of lease cannot be granted. It is also submitted by Mr. Roy t hat it is evident from the communication dated 23rd May, 2011 issued by the Chie f Executive Officer of Karimganj Zilla Parishad, which has been annexed as Annex ure-J to the writ petition that the petitioner in fact is not entitled to any re mission even. The Assam Panchayat Act, 1994 provides for settlement of the market in each panc hayat year. The panchayat year has been defined in the Act, which commences fro m 1st July and ends on 30th June of each year. The said Act also does not empow er the panchayat authority or the Government to extend the period of lease. Und er Rule 49 of the 2002 Rules, the Government, however, may consider the remissio n of the kist money on fulfillment of the conditions stipulated therein. It appears that the petitioner has already approached the Government for remissi on of the kist money as provided under Rule 49 of the aforesaid Rules together w ith a prayer for extension of the period of lease. Since the period of lease cannot be extended under the provisions of the Panchay at Act, the prayer of the petitioner in that respect cannot be accepted and henc e rejected. However, as the application praying for remission of the kist money is still pending before the Government, the same shall be considered by the Sec retary to the Government of Assam in Panchayat and Rural Development Department, in accordance with law and keeping in view the communication issued by the Chie f Executive Officer of Karimganj Zilla Parishad on 23rd May, 2011 and other mate rials on record. The Secretary upon such consideration shall pass a speaking ord er to that effect within a period of 45 (forty-five) days from the date of recei pt of the certified copy of the order passed today alongwith the copies of the w rit petition with its annexures appended thereto to be submitted by the petition er before the authority. The prayer for stay of the tender process initiated vide NIT dated 23rd May, 201 1 also cannot be accepted, since the petitioner, at the most, may get the remiss ion of the kist money. The writ petition is disposed of. No costs.