SANSUMA BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. AK Maheswari, learned counsel for the petitioner.

(2.) THE petitioner was settled with the Simen Sand and Gravel Mahal (Quarry), the term of which has come to an end on 5.2.2004. Before expiry of the period of settlement, the petitioner filed an application/representation for extension of the period of settlement on grounds which were perceived by the petitioner to be justifiable grounds for such extension. THE aforesaid application/ representation of the petitioner is dated 28.10.03 and the same, it is stated, is presently pending before the Conservator of Forest, Northern Assam Circle, Tezpur. As the representation of the petitioner for extension has not been disposed and in the meantime, the term of the Mahal has come to an end, apprehending that the Mahal may be put to sale for a fresh term without deciding on the petitioners entitlement for extension, the instant recourse to writ remedy has been made. Under the provisions of the statutory rules, which would be applicable in respect of settlement of the mahal in question, there is a power vested in the authority to grant extension. As the petitioner had invoked the statutory power for an order in his favour, it is incumbent on the part of the respondent authority to decide on the entitlement of the petitioner as claimed in the representation dated 28.10.03. As the same has not been disposed of, I consider it appropriate to close this writ petition, at this stage itself, by directing the Conservator of Forest, Northern Assam Circle, Tezpur to pass final orders on the petitioner's representation dated 28.10.03 for extension and until such final orders are passed by the Conservator of Forest, the Mahal in question shall not be put to sale. Writ petition shall stand closed as aforesaid.