IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15624 of 2009 AKHILESHWAR PRASAD SINGH, S/O SRI PARSURAM SINGH, R/O VILLAGE + P.O.- KARMA, P.S.- KARAKAT, DISTT.- ROHTAS. ……….. PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA 3. DISTRICT MAGISTRATE, ROHTAS 4. ASSISTANT DIRECTOR, MINES AND GEOLOGY, ROHTAS, SASARAM…………………………..RESPONDENTS. ----------- 03/ 26.07.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities (Department of Mines and Geology, Government of Bihar). 2. This writ petition has been filed for directing the respondents to give possession of the land in question which was given to the petitioner on lease for the purposes of mining. 3. Learned counsel for the petitioner submits that lease for mining purposes was executed by the authorities on 11.02.2009 vide Annexure-3 with respect to 1.80 acres of land, out of which possession of 1.20 acres of land was given at the time of lease whereas possession of the remaining 0.60 acres of land was given to the petitioner during the pendency of this writ petition on 18.01.2010 vide Annexure 15. 4. On the other hand learned counsel for the respondents submits that from Annexure-6 which is a copy of letter dated 22.06.2010, it is quite apparent that possession of 1.40 acres of land was given to the petitioner. However learned counsel for the petitioner submits that in that letter land of Karbala was not 2 excluded, hence wrong area had been shown therein. 5. In the said circumstances, the relief which the petitioner sought has already been granted to him. However, since possession of 0.60 acres of land is claimed to have been given after some time, learned counsel for the petitioner may file an application before the authority concerned for suitable and proportionate deduction of the lease amount. If such an application is filed by the petitioner along with a copy of this order, the authority concerned shall decide it considering the present map in accordance with law expeditiously within two months from the date of filing of such application. A copy of map should also be supplied to the petitioner by the authority. 6. With the aforesaid observations/directions, this writ petition is disposed of. harish/ ( S. N. Hussain, J. )