IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5875 of 2005 SURESH SINGH son of Bechan Singh, Partner Sri Ram Enterprises, Resident of Village + P.O. Karwandiya, District- Rohtas. Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Department pf Mines, Govt. of Bihar, Patna 3. The Collector cum District Magistrate, Rohtas, Sasaram 4. District Land Acquisition Officer cum Officer Incharge Mining Cell, Rohtas, Sasaram. 5.The Assistant Mining Officer, Rohtas, Sasaram. 6. The Divisional Forest Officer, Rohtas, Sasaram. ----------- 3 25.3.2009 Petitioner’s lease was cancelled by the Collector , by order dated 28.3.2005.The mining lease was for the period from 14.11.2003 to 13.11.2003 in respect of plot no.924(P) Block-6F and granted in favour of the petitioner and his firm. It is stated that the order of cancellation was passed without granting any opportunity of hearing or without disclosing the reasons to the petitioner. A report was sent of the nature that the area encroaching into forest area was for mining purpose. Petitioner states that the mining lease area was specifically demarcated by the authority and except a bald report there is nothing else to show that the petitioner ever encroached into forest area. It is further stated that lease can only be cancelled after hearing the parties. No such proceeding was taken up or adequate opportunity was granted to the petitioner in that regard. It is further stated that under identical situation the forest land lease was also cancelled and that was set aside by this Court in CWJC No. 8243 of 2005, disposed of on 9.8.2005. In my view the order of this Court, as aforesaid, squarely applies. The order of cancellation cannot be sustained. It is not only contrary to law - 2 - but is not based on any materials which could ultimately form the basis for the action aforesaid. Be that as it may, however, the lease, be read, itself having expired, no further order need be passed. As while adjourning , this Court by order dated 18.5.2005 had already stayed the impugned order, the writ petition is thus disposed of. singh (Navaniti Pd. Singh)