IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18163 of 2011 Chaudhary Crusher Udyog Versus The State Of Bihar & Ors ---------------------------------- 2 15.12.2011 The petitioner was granted Stone Stockist Licence bearing Licence No.374/07. As per the terms and conditions of the licence petitioner was to deposit the entire bid amount in seven equal Yearly instalments to be paid by the end of the December of the year. Admittedly, the petitioner made default in payment of the instalments. Consequently a show cause was issued to the petitioner vide letter dated 12.7.2011, whereby he was directed to show cause as to why his licence be not cancelled for making default in payment of instalment. The petitioner was to file his show cause by 19.7.2011. The petitioner submits that he received the show cause notice on 22.7.2011 after the last date fixed for filing show cause. The petitioner submits that he has deposited the entire installment due along with the interest vide Annexure-3 series, totaling Rs.3,90,000/-. Mr. Binod Kumar Singh, learned counsel for the Mines submits that subsequent deposit of the amount would not cure the earlier default in making payment of installment. I have heard learned counsel for the petitioner as well as learned counsel for the Mines. Admittedly, the petitioner made default in payment of installment in respect of which he was issued show cause notice. The petitioner deposited the installment dues along with the dues vide Annexure- 3 series. It appears that the licence was cancelled 2 subsequent to deposit of the entire installments dues. The learned Collector, Rohtas, did not consider the aforesaid aspect while cancelling the licence of the petitioner. It is not the case of the respondent that the petitioner had indulged in doing illegal mining. In this view of the matter I set aside the impugned order dated 10.9.2011 communicating cancellation of the licence. I remit the matter to the learned Collector, Rohtas, for fresh consideration of the matter after giving due hearing to the petitioner. Pending adjudication of the matter by the appellant authority, the order cancelling the licence would remain in abeyance till the petitioner would deposit the entire dues. AnilKrSinha (Samarendra Pratap Singh,J.)