IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1175 of 2010 AJIT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 05.04.2011 Heard learned Counsel for the petitioner and the learned Counsel for the Opposite party. It is submitted that the earlier settlement for lifting of sand granted to certain others expired on 31.12.2009. In absence of fresh settlement having been made in due time, some of the earlier settlees were allowed to operate when fresh auction was fixed on 23.1.2010. For this interim period different terms were imposed on those earlier settlees allowed to operate. The petitioner did not have the benefit of operating in the month of January before fresh auction on 23.1.2010 in which he got settlement but has been asked to deposit the earnest money computed from the beginning of January 2010. If certain concessions have been given to other lease holders operating after 31.12.2009 till before fresh settlement the petitioner is also entitled to be given such concession under the terms of his settlement as far as the month of January 2010 is concerned. Counsel for the State has raised a preliminary objection that the petitioner has an adequate remedy of Revision before the Commissioner of Mines under Rule 45 of the Bihar Minor and Mineral and Concession Rules. If the petitioner files such an application within a period of 30 days from today, let the Mines Commissioner consider the same in accordance with law without going into issues of limitation and dispose it off preferably within a maximum period of four months from the date of receipt and or presentation of a copy of this order. Needless to state that if the Mines Commissioner finds justification in the claim or any part of the claim necessary consequential order shall be issued simultaneously for refund/adjustment as the case may be. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)