V. K. Khanna, CJ.- Heard Mr. KK Mahanta, learned counsel appearing for the applicant and Mr. BP Borah, learned Senior Govt Advocate, Assam appearing for the State-respondents. At the time of hearing of this review application, we had granted time to Mr. BP Borah, learned Senior Govt Advocate to obtain necessary instructions in respect of the averments made in the review application. In pursuance of the direction given on 3.2.97, Mr. Borah has placed before us the letter which has been written by the Divisional Forest Officer, Kamrup, East Division, Guwahati dated 6.2.97, which will form part of the record. In paragraph (ii) of the aforesaid letter it has been specifically mentioned that there is sufficient quantity of sand in river Digani within the notified boundary of Mahal area 1 (c) wherefrom the entire quantity of sand allotted to the petitioner/applicant could be extracted. 3. Mr. Mahanta has urged before us that in respect of Mahal area 1 (c) which has been settled for a period of two years with the applicant, the settlement is going to expire on 21.11.97 and the additional quantity of sand cannot be extracted during the period and there is in fact no additional quantity of sand available in that Mahal allotted to the applicant/petitioner-appellant. 4. On the basis of the materials placed before us, we are not prepared to accept the version put forward by the applicant/petitioner-appellant that there is no sufficient quantity of sand within the notified boundary of Mahal area 1(c) as it has not been alleged that there is any malafide action of the authority against the applicant for placing distorted facts before us. 5. However, we make it clear that in case for bonafide grounds the applicant is not able to extract the sand from the Mahal, he will be entitled to make an application either for extension of time or for refund of me proportionate amount deposited for extracting the sand which he could not extract for reasons beyond his control. The authority concerned will in case of such an eventuality dispose of the application in accordance with law. It is being made clear that this Court is not expressing any opinion on merits. It will be for the authority to come to its conclusions strictly in accordance with law. 6. The authority concerned will in case of such an eventuality dispose of the application in accordance with law. It is being made clear that this Court is not expressing any opinion on merits. It will be for the authority to come to its conclusions strictly in accordance with law. 6. Subject to the aforesaid observations, the present review application is finally disposed of and the judgment passed by us on 4.12.96 shall stand modified to the extent indicated above. 7. However, looking to the entire facts and circumstances of the ease, the parties shall bear their own costs.