WP(C) 2339/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner, Mr. P. Roy, learned State counsel appearing for the respondent Nos.1 to 3 and Mr. Choud hury, learned counsel appearing for the respondent Nos.5 and 6. None appears for the other respondent. 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 Bagmari Beel, whic h 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 10(ten) years, which is co ntrary to the provisions of Assam Panchayat Act, 1994 and Rules framed thereunde r, which provides for such settlement year wise. By the present petition the pet itioner has also challenged the consequential order dated 06.03.2010 issued by t he Secretary of Kuthari Gaon Panchayat canceling the settlement made in favour o f the petitioner. The writ petitioner was settled with the fishery in question vide order dated 30.06.2006 for a period of 10(ten) years w.e.f. 01.07.2006 to 30.06.2016. When such order of settlement was issued by the President of Kuthari Gaon Pancha yat came to the notice of the Chief Executive Officer of the Nagaon Zilla Parish ad, 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 06.03.2010. 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 30.06.2010 for a peri od of 10(ten) 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 30.06.2010 has enjoyed the fishery for more than 4(four) 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. Roychoudhury, learned counsel for the petitioner at this stage has s ubmitted that he has deposited the entire kist money up to 2016 and hence the re spondents 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.