IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4400 of 2010 NAGESHWAR RAI S/O LATE RAMANAND RAI R/O MOHALLA- BRAHMPURPUL, P.O. CHHAPRA, P.S. BHAGWAN BAZAR, DISTT.- CHHAPRA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPTT. OF MINES AND MINERALS, GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER, PATNA DIVISION, PATNA 3. THE COLLECTOR, SARAN AT CHHAPRA 4. MINNING OFFICER, SARAN AT CHHAPRA 5. ASSISTANT MINNING OFFICER, SARAN AT CHAPRA 6. MITHILESH KUMAR SINGH, DIRECTOR BOARD SONE- COMMODITIES PVT. LTD. HIMANSHU COMPLEX, KOILWAR DISTT. - BHOJPUR For the Petitioner : Mr. Shakti Suman Kumar, Advocate For the State : Mr. Himanshu Kumar, A.C. to G.A.5 For the Mines : Mr. V.M.K. Singh, Advocate. ................. 2. 05-08-2010 1. Heard the learned counsel for the petitioner as well as learned counsel for the State and Department of Mines and Minerals. 2. This writ petition has been filed for directing the Collector (Respondent No. 3) to fix the rate of mining charge for the sand to be lifted from the mining area settled with Respondent No. 5 and Private Respondent No. 6 with a further direction to Respondent no. 5 to display the rate of mining charge so fixed by Respondent no. 3 to prevent arbitrary realization of mining charges. 3. Learned counsel for the petitioner submits that he has filed a representation before the Commissioner, Patna with respect thereto on 26-02-2010(Annexure-4), but the same is still unheeded although about six months has elapsed. 4. In the said circumstances, learned counsel for the 2 petitioner seeks permission to withdraw this writ petition with liberty to press his application already filed before the Commissioner (Respondent no. 2). 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. If the petitioner approaches Respondent no. 2 within two weeks from today along with a copy of this order, the said authority shall dispose of the said representation on its own merits in accordance with the law within one month thereof. Sujit (S.N. Hussain, J.)