WP(C) 3133/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Baruah, learned counsel for the petitioner, Mr. P. Roy, learne d State counsel appearing for the respondent Nos.1 to 4 and Mr. Choudhury, learn ed counsel appearing for the respondent No.5. The petitioner by the present petition has challenged the orders dated 0 7.01.2010 issued by the Chief Executive Officer, Nagaon Zilla Parishad directing Kuthori Gaon Panchayat authority to cancel the settlement of Kawaimari Beel, wh ich is a fishery, apart from other fisheries, on the ground that the settlement in respect of the fishery has been made for a period of 5(five) years, which is contrary to the provisions of Assam Panchayat Act, 1994 and Rules framed thereun der, which provides for such settlement year wise. By the present petition the p etitioner has also challenged the consequential order dated 23.02.2010 issued by the Secretary of Kuthari Gaon Panchayat canceling the settlement made in favour of the petitioner. The writ petitioner was settled with the fishery in question vide order dated 08.07.2005 for a period of 5(five) years w.e.f. 08.07.2005 to 30.06.2015. When such order of settlement issued by the President of Kuthari Gaon Panchayat came to the notice of the Chief Executive Officer of the Nagaon Zilla Parishad, a direction was issued to cancel such settlement vide order dated 07.01.2010 and accordingly consequential order of cancellation was issued by the Secretary of the Kuthari Gaon Panchayat on 23.02.2010. The Assam Panchayat Act, 1994 provides for settlement of the fishery yea r wise and in accordance with the Panchayat year i.e. commencing from 1st July t o 30th June. Under the said Act no settlement of the fishery can be made for a p eriod exceeding 1(one) year. Despite such provision settlement was made in the i nstant case in favour of the petitioner by the order dated 08.07.2005 for a peri od of 5(five) years. The very basis of the claim of the writ petitioner being contrary to the provisions of Assam Panchayat Act, as noticed above, the petitioner cannot clai m any relief based on such order. Though no such settlement can be made for a period of more than 1(one) y ear, the petitioner taking advantage of the order of settlement dated 08.07.2005 has enjoyed the fishery for more than 5(five) years. That being the position, the present writ petition is disposed of with a direction to the respondent authorities to issue tender in respect of the fishe ry in question and to settle the same in accordance with the provisions of Assam Panchayat Act and the Rules framed thereunder within a period of 45 days from t oday. Till such settlement is made in accordance with law, the fishery in questi on shall be managed by the Anchalik Panchayat. The writ petition is accordingly disposed of. Mr. Baruah, learned counsel for the petitioner at this stage has submitt ed that he has deposited the entire kist money up to 2015 and hence the responde nts may be directed to refund the apportionate amount of the kist money. The petitioner may file appropriate application before the appropriate a uthority for claiming refund of the apportionate kist money, which in the event of such approach would be considered by the authority. The writ petition is accordingly disposed of.