IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8321 of 2010 1. RAJENDRA RAO S/O LATE HAZARI RAO R/O VILL.- JAGIRAHA, P.S.- BALTHER, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE SECRETARY MINES AND MINERALS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR MINES AND MINERALS DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE WEST CHAMPARAN AT BETTIAH 5. THE MINES DEVELOPMENT OFFICER WEST CHAMPARAN, BETTIAH 6. THE ASSISTANT MINES OFFICER WEST CHAMPARAN, BETTIAH 7. THE FOREST RANGE OFFICER -CUM- DEPUTY DIRECTOR BALMIKI TIGER PROJECT, DIVISION-1, BETTIAH ----------- 4/ 09/12/2010 Heard learned counsel for the petitioner, the State. The question involved in this writ application relates to release of stones claimed to have been purchased by the petitioner from the person granted a licence for extraction of minerals. The issue is whether they are legally extracted or not. This Court does not consider it necessary to take note of any further facts as the petitioner has adequate and expeditious remedy available before Mines Commissioner without availing which he has rushed to this Court directly. Whether the stones have been extracted from the forest area with or without permission are all questions of fact which can be decided by the Mines Commissioner after hearing the Department of Forest also. - 2 - Only if the petitioner files such an application before the Mines Commissioner within a period of 30 days from today, let him consider and dispose off the matter by a reasoned and speaking order after hearing all concerned, including the Department of Forest within a maximum period of four months from the date of receipt/presentation of a copy of this order. Needless to state that if he finds justification in the claim or in any part of the claim, necessary consequential orders to that extent shall be passed forthwith. The writ application stands disposed. KC ( Navin Sinha, J.)