IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.308 of 2005 1. THE STATE OF BIHAR, through its Secretary-cum- Commissioner, Mines and Geology Department, Bihar, Patna. 2. The Special Secretary, Finance Department, Bihar, Patna. 3. The District Collector, Rohtas, Sasaram. 4. The Assistant Mining Officer, Rohtas, Sasaram. …Respondents-Appellants. Versus KRISHNA KAMAL PRASAD, Son of late Jai Narain Ram, resident of village and Post- Karwandia, P.S. Sasaram (Muffasil), District- Rohtas. …Petitioner- Respondent. ----------- 07- 26.11.2010 Heard Mr. Vishwa Mohan Kumar Sinha, learned Special Public Prosecutor for the department of Mines, Government of Bihar. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the order dated 22.3.2005, passed by a learned Single Judge of this Court in C.W.J.C. No.3462 of 2005 (Krishna Kamal Prasad Vs. The State of Bihar and others), wherein it has been held that the notice dated 7.3.2005, is contrary to the provisions contained in sub-rule (ii) of rule 52 (1) of the Bihar Mineral Concession Rules 1972. The writ petition has, therefore, been disposed of with the liberty to the State of Bihar to issue a fresh notice in accordance with law. The learned Special Public Prosecutor submits that the State 2 Government has issued notification published in the Bihar Gazette (Extraordinary Edition), of 26.2.2010, whereby it has completely stopped fresh mining leases which renders this appeal infructuous. In that view of the matter, this appeal is disposed of as having become infructuous. (S K Katriar, J.) (Birendra Prasad Verma, J.) S.K.Pathak/