WP(C) 3851/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. J. Sarma, the learned counsel for the petitioner as well as Mr. R.K. Bora, the learned Government Advocate appearing o n behalf of the respondents. The petitioner though in the present petition ha s challenged the order dated 24-06-2009 passed by the Principal Chief Conservato r of Forests Assam, whereby and whereunder the prayer of the petitioner for exte nsion of the lease period for extracting the specific quantity of sand and grave l from the mahal in question has been rejected, Mr. Sarma, the learned counsel f or the petitioner has submitted that the petitioner’s grievance is relating to t he non-consideration of the prayer for refund of the proportionate kist money de posited by him in respect of unextracted quantity of sand and gravel from the ma hal in question. The learned counsel submits that the petitioner does not press the prayer for quashing of the impugned order dated 24-06-2009. Mr. Sarma submits that since the specified quant ity of the sand and gravel from the mahal in question as allotted vide allotment order dated 30-10-2007 within the specific period from 01-10-2007 to 12-12-2008 could not be extracted by the petitioner, he also filed a representation for re fund of the proportionate kist money deposited by him, the authority is bound to consider such prayer and make necessary refund, which has not been done. Mr. Bora, the learned State Counsel submits that such prayer of the petitioner having not been considered till date, the same sh all definitely be considered by the authority and pass necessary order in accord ance with law. In view of the aforesaid submission and keeping in view the contents of the representation dated 15-07-2009 (Annexure 9 to the w rit petition) filed before the Commissioner and Secretary, Environment and Fores ts Department, Government of Assam claiming refund of the kist money proportiona te to the unextracted materials from the mahal, which prayer has not been consid ered by the authority till date, the present writ petition is disposed of with a direction to the Commissioner and Secretary to the Government of Assam, Environ ment and Forests Department to consider such prayer of the petitioner and to pas s necessary order within 45 days from the date of receipt of the certified copy of this order alongwith the copy of the writ petition to be filed by the petitio ner before the said authority, in accordance with the law. The writ petition is accordingly disposed of. N o cost.