WP(C) 3196/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. AD Choudhury, learned counsel for the petitioner. Also heard Mr. Rahma n, learned State counsel appearing for the State respondents. Choulkhowa silt/earth Mahal for the period 2007-09 was settled with the petitioner vide order dated 17.9.07.As per the said settlement, the fir st kist money was fixed to be paid on 17.7.07, second one on 17.4.08 and the thi rd one on 17.7.08. It is the case of the petitioner that due to breach of embank ment i.e., Narayanguri Bandh inundated the mahal area and the petitioner could extract the required quantity of silt for which he paid the first kist amount w ithin the period fixed by the authority. The authority considering the case of t he petitioner, allowed the time till 30.5.08 to extract the balance quantity ag ainst the first kist quoted and also to pay the remaining kist amount as per th e period fixed vide settlement order dated 17.9.07 since the petitioner was all owed by the D.F.O. himself to extract the balance of the first kist money up to 30.5.08, it would be just, reasonable and proper to give him some time for paym ent of the remaining kist amount. By allowing the petitioner to extract the firs t kist quoted up to 30.5.08, the authority has accepted the fact that the petiti oner could not extract the quantity of silt for the reasons beyond his control. In view of the above situation and on consideration of the submi ssion made by the learned Govt. Advocate, Mr Rahman based on the instruction so received by him, in my considered opinion ends justice would be met to give some time to make payment of the second and third instalment. Accordingly, it is di rected that the petitioner would be allowed to pay second installment within the period of 15days from to-day. It is also admitted fact that the mahal in questi on is still submerged with water due to monsson and the operational season wou ld start from the month of September only. In that view of the matter, the petitioner would be entitled to pay the balance amount of the kist money as may be rescheduled by the authority taking note of the aforesaid fact which is beyond control of the petitioner. Subject to the aforesaid payment of the second kist money, the mahal in question shall not be put is re-sale in terms of the impugned notice da ted 14.7.08. This disposes of the writ petition.