WP(C) 2024/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Dr. B. Ahmed, learned counsel for the petitioner as well as Ms. R. Chokraborty, learned Addl. Sr. G.A. The petitioner is the sitting lessee of a pond at Kali Mahabir Bari Road , Karimganj and he was settled with the said pond for the period 30.05.2005 to 3 0.05.2008. Thus, the period of lease is at the threshold of expiry. The Municipa l Board has floated tender fixing the last date as 16.05.08 for a fresh lease of the pond w.e.f. 01.05.08. It is submitted that the petitioner has already resp onded to the tender notice. Now after expiry of the last date of submission of tender, the petition er has approached this Court by filing the instant writ petition on 21.05.08. Hi s grievance is that his prayer for extension of the period of lease by another t hree years has not been considered by the Municipal Board. In this connection, t he petitioner has referred to Annexure-2 representation dated 07.05.08. Thus the representation was made at a time when the period of lease was about to expire. According to the petitioner since he has sustained loss during the earli er period of lease, he is entitled to get further extension of the period of lea se. This Court while exercising the power of writ jurisdiction under Article 226 of the Constitution of India cannot issue any direction to the Municipal Board to grant extension to the petitioner. In anticipation of the expiry of the lease on 30.05.08, the Municipal Bo ard floated tender on 13.05.08 and the last date of receipt of tender has also e xpired. The same is now under process of settlement. Needless to say that it is always advisable to make settlement etc. through tender system allowing greater participation of all the eligible tenderers. As to whether the petitioner is ent itled to extension or not is entirely upto the Municipal Board. Without expressing any opinion on the merit of the case of the petitioner for gr ant of extension of the period of lease, this writ petition is disposed of prov iding that it will be open for the Municipal Board to dispose of Annexure-2 repr esentation stated to have been submitted on 07.05.08. However, it is also provid ed that if no such representation was made by the petitioner, there is no questi on of disposal of the same. It is further provided that if in the meantime the t ender process has been finalized, there is no question of consideration of the s aid representation.