IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9116 of 2011 AKHILESHWAR PRASAD SINGH, son of Sri Parsuram Singh, resident of village + P.O. Karma, P.S. Karakat, District Rohtas … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Mines and Geology, Govt. of Bihar, Patna 3. The District Magistrate, Rohtas 4. The Assistant Director, Mines and Geology, Rohtas, Sasaram … Respondents ----------- 2. 20.5.2011 Heard counsel for the petitioner. No one appears on behalf of the respondents. Mr. Ashutosh Ranjan Pandey, learned counsel for the petitioner, with regard to the following relief: “That this application is being filed against highly wronglful, illegal and arbitrary action on the part of the respondent by which despite repeated request the respondents are not issuing the transit Challan for dispatch of minerals in required number putting the petitioner to Severe loss since the petitioner has been settled the Mining lease for a period of 5 years with highest author of rupees 3.82 crore and has to deposit about 76.46 lacs per year to the respondents but he is not being provided the transit Challan in required number due to which the petitioner is suffering huge loss every year.” 2 would submit that when the petitioner has a valid mining lease for a period of five years he would be entitled for issuance of transit Challan for dispatch of minerals. It appears that for this purpose the petitioner has already filed representation before respondent no.4 as would be apparent from Annexures 2 series. That being so, this Court would direct respondent no.4 to dispose of the pending representation of the petitioner for the said relief of issuance of transit Challan and if respondent no.4 is bound by the order of superior authority for not issuance of such Challan he will refer the matter to such superior authority but a final decision by the respondents in this regard must be taken within a period of two months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 3