IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.706 of 2008 MAHENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. Chittaranjan Sinha, Senior Advocate For the Respondents : Mr. V.M.K. Sinha, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 19th September, 2008. After having heard the senior counsel for the appellant, we are satisfied that no interference is called for in the impugned order. Apparently, lease of minor mineral in favour of the appellant for ten years was contrary to the notification issued by the State Government on 17th April, 2001, in exercise of powers conferred under Rule 9(A) of Bihar Minor Mineral Concession Rules, 1972. The maximum period of lease could not have been exceeding five years and, therefore, authorities did not commit any error in holding that the lease agreement executed in favour of the appellant has come to end on expiry of five years from 13th September, 2001. 2. Consideration of the matter by the Single Judge does not suffer from any legal error, justifying any interference by us. 3. L.P.A. is dismissed in limine. - 2 - 4. If the law permits any renewal of lease, it is for the appellant to apply under such law and the authorities shall consider the said application in accordance with law. Our aforesaid observation shall not be construed to mean that there is a provision for grant of renewal beyond a period of five years. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-