IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4022 of 2010 Ram Swaroop Ram Alias Ram Swaroop Prasad R/O Vill.- Kolja, P.S.- Govindpur, Distt.- Nawadah, Secretary Baksauti S/C Authoyogic Society Versus 1. The State Of Bihar 2. The Commissioner, Mines, Bihar, Patna 3. The Collector Cum District Magistrate, Nawadah 4. The Deputy Director Of Mines, Kodarma Region, P.S. Kodarma, Distt.- Kodarma (Jharkhand) 5. The Assistant Mines Officer, Nawadah, P.S. And Distt.- Nawadah 6. The Assistant Registrar, Co-Operative Societies, Nawadah Circle, P.S. And Distt.- Nawadah ----------- 03 04.07.2011 Heard Mr. Devendra Prasad Singh, learned counsel appearing on behalf of the petitioner, Mr. V.M.K. Sinha, learned counsel appearing for the Department of Mines and Mr. Manoj Kumar, and learned A.C. to G.A.6 for the State. The writ petition has been filed for quashing the order dated 24.10.2008 passed in Revision Case No. 43 of 2008 by the respondent Commissioner of Mines, Bihar Patna whereby the revision application filed by the petitioner has been dismissed on grounds of limitation. The writ petition also seeks quashing of the letter dated 17.03.2003 of the Assistant Mines Officer, Nawadah, respondent No.5 rejecting the renewal application of the petitioner. The petitioner is the Secretary of the Co-operative Society registered under the Co-operative Societies Act,1935 in the name and style of Baksauti Scheduled Caste and Scheduled Tribe Pathar Tor Sahyog Samittee and was registered on 08.04.1988. A mining lease was executed between the Mines Department through the Collector of the District and the petitioner Society in relation to Khata No.85 Plot No.1 having an area of 12.15 acres on 17.06.1993 with effect from 2 31.5.1993 permitting the petitioner to carry out mining work in the area in question. The mining lease were granted to the petitioner for a period of 10 years expiring in May 2003 but before which the petitioner filed his application for renewal on 21.02.2003 together with Challan of Rs. 5000/-. The application of the petitioner was rejected by the Assistant Mines Officer, Nawadah vide order as contained in Letter No. 425(M) dated 17.03.2003 (Annexure-6) inter alia on the grounds of amendment having taken place in Rule 52 and incorporation of Rule 9A and Rule 22A in the Bihar Minor Mineral Concession Rules, 1972 whereunder the settlements of the mining lease had to be done under a public auction. The amendment contained in Notification No. 534(M) dated 23.3.2001 has been placed at Annexure-8 to the writ petition. Whereas the amended Rule 9A provided for settlement of the mining lease by way of a public auction, Rule 22A entitled the holders of existing lease to file their application for renewal together with the challan and was also allowed to take the settlement by making their offer equal to bid finalized at the public auction. It is the case of the respondents that the petitioner never offered to pay the amount as determined in the public auction. The petitioner challenged the action of the authorities by filing writ petition giving rise to C.W.J.C. No. 14012 of 2004 and which was disposed of vide order dated 12.12.2007 (Annexure-9) giving liberty to the petitioner to file a revision application before the Revisional Authority under the Act and who was to consider and dispose of the same expeditiously provided the revision was filed within 8 weeks of receipt of the certified copy of the order passed by 3 the writ Court and accompanied with the limitation petition. Though the writ petition was disposed of on 12.12.2007 the revision application was filed with much delay. The petitioner filed a revision application along with condonation application and which came to be rejected by order dated 24.10.2008 by the revisional authority being the Commissioner of Mines, Bihar, Patna placed at Annexure-11 to the writ petition inter alia on the grounds of not having been filed within stipulated period of 8 weeks as directed by this Court. In normal circumstances this Court would have remitted the case to the Commissioner of Mines for reconsideration after condonation of delay, but in view of the circumstances brought on record in the counter affidavit filed on behalf of Mines Department enclosing a notification dated 04.02.2010 containing the amendment to the Bihar Minor Mineral Concession Rules whereunder the State has decided to put a complete ban on grant of lease of stones. Learned counsel submits that as the petitioner was holder of lease for mining stones hence in view of the complete ban introduced under the amendment Rules, 2010, no fruitful purpose would be served by remand of the case. Having regard to the circumstances set forth, nothing survives in the writ petition and is accordingly disposed of. Bibhash (Jyoti Saran, J.)