IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16165 of 2009 1. DHANANJAY SINGH S/O SHREE RAM BHAJU SINGH R/O VILL. + P.O. + P.S. - NASARIGANJ AT DISTT.- ROHTAS (SASARAM) Versus 1. THE STATE OF BIHAR 2. THE DEPUTY SECRETARY MINES AND MINERAL DEPARTMENT, BIHAR, PATNA 3. THE DEPUTY DIRECTOR MINES, MAGADH CIRCLE GAYA, DISTT.- GAYA 4. THE DISTRICT MAGISTRATE CUM COLLECTOR AURANGABAD, DISTT.- AURANGABAD 5. THE ASSISTANT MINES OFFICER AURANGABAD, DISTT.- AURANGABAD 6. THE CERTIFICATE OFFICER MINING, MAGADH CIRCLE, GAYA, DISTT.- GAYA 7. THE ASSISTANCE DIRECTOR CUM ADHIYACHANA PADADHIKARI AURANGABAD, DISTT.- AURANGABAD ----------- 4/ 10/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. It is not controversy that the petitioner was granted settlement for sand mining for the period 1.1.2007 to 31.12.2007. The grievance is that if the settlement was cancelled prematurely on 3.12.2007 the petitioner is entitled to proportionate refund of the reserve Jama. Paragraph-VII of the counter affidavit by the respondents reads as such:- “Thus, it may be considered that the petitioner at most can be given a rebate of only twenty eight days i.e. from 4.12.2007 till 31.12.2007.” The writ application is allowed in the aforesaid terms. Subject to any outstandings of the petitioner when the respondents shall have the right of set off, let the amount as admitted by the respondents be paid to the petitioner in accordance with within a maximum period of two months from the date of 2 receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha, J.)