This is an application under Article 226 of the Constitution of India filed by the petitioner for Mandamus on the respondents not to settle the Salmore-Nimatighat Parght through tender for the year 1999-2000 and for quashing the order of the Government communicated by WT Message dated 25-6-99 rejecting the application of the petitioner for extension of the settlement made in his favour in respect of the said Parghat.

2. The facts briefly are that the petitioner is the sitting lessee of Salmora-Nimatighat Parghat since 1995. For the year 1997-98, the said Salmore-Nimatighat Parghat was settled with the petitioner and the petitioner operated motorised passenger boat service as per the said settlement but suffered heavy losses. He, therefore, appealed to the State Government for settling the said Parghat in his favour for the year 1998-99 and the Government settled the said parghat with the petitioner at 10% enhanced rate upon the last years settled value. The said period of settlement ended on 30-6-99. The petitioners case is that he also suffered loss on account of unprecedented flood in the year 1998 and, therefore, he filed an appeal dated 24-5-99 before the Sub-Divisiona