WP(C) 3971/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Dr. B. Ah med, learned Standing Counsel appearing for the respondent. The petitioner was settled with Moridessoi Sengali Khuti Beel in the district o f Golaghat for the period 2006 to 2007 and 2012 to 2013 for total revenue of Rs . 11,90,000/- per year. The petitioner paid till date a sum of Rs. 2,64,185/- only and defaulted the balance amount of Rs. 6,66,415/-. In spite of service of notice to pay the balance kist money , the petitioner hav ing failed to pay, his lease was accordingly cancelled and resale notice of the fishery was issued on 2-9-09 fixing 16-9-09. Challenging the aforesaid order of cancellation of issuance of NIT dated 2-9-09, the present writ petition is filed. Dr. Ahmed, learned Standing counsel, submits that the petitioner is willfully d efaulting to pay revenue of the Corporation and having failed to realize the sam e by issuing the notice to the petitioner, the Corporation ultimately cancelled the fishery and issued NIT on 2-9-2009. In pursuance to the said NIT two tender ers submitted the tender by the learned Standing Counsel submits that the fishe ry has not been settled with anybody. At this stage, an offer has been made on behalf of the petitioner to pay the am ount of Rs. 4 lakhs within a period of 15 days form today and the remaining outs tanding amount within a period of six weeks baring the entire dues, The learned Standing counsel submits that considering the antecedent of the peti tioner such an offer though has been made, it is difficult to accept the same, inasmuch as various such assurances though given by the petitioner on earlier oc casions, they defaulted to pay the balance kist amount. Considering the submissions made on behalf by the learned counsels for the appea ring parties and upon perusal of the materials available on record, it is ordere d that in the event of payment of Ts. 4 lakhs by the petitioner towards the outs tanding dues on account of kist money of the fishery to the Corporation within a period of 15 days from today, the settlement process initiated in terms of the order dated 2-9-2009 shall be abandoned and the fishery shall not be settled wit h the persons who found to be successful as per the NIT dated 2-9-2009. It is fu rther ordered that the balance amount of Rs. 2,66,415/- shall be paid by the pet itioner within a period of 4 weeks thereafter. Thus within a period of 6 weeks t he petitioner is to clear the entire outstanding balance amount, out of which Rs . four lakhs shall be paid within 15 days from today. The learned counsel for the parties having agreed to accept the aforesai d proposition, this writ petition stands closed with the aforesaid order. It is made clear that in the event of failure of the petitioner to pay t he amount of Rs. 4 lakhs within a period of 15 days from today, the corporation would be at liberty to settle the fishery in the manner it likes, as per rules, with any other person.