IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16177 of 2011 M/S Sheo Shanker Stone Chips, through its Proprietor, Ashok Sah, S/O Mangal Sah, R/O Village- Konor, P.S.- Sheosagar, District- Rohtas. . . . . . . Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, Mines and Geology, Bihar, Patna 3. The District Magistrate, Rohtas 4. The Assistant Director, Mines & Geology, Rohtas. .Respondents. ---------------------------------- 2/ 14.11.2011 Heard learned counsel for the petitioner and Mr. V.M.K. Sinha, learned counsel appearing for the Mines. The petitioner was granted stone chips license under Rule 7 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2003. The petitioner states that the number of stone stockist license in the district is granted mainly in view of number of mining lease for stones. The petitioner was awarded stone stockist license was awarded on a fee of Rs.12,90,000/-, which was to be paid in seven equal monthly installments. The petitioner submits that he deposited the installment due in the year 2007, 2008, 2009. The petitioner submits that Mines Department has cancelled a number of leases granted for stone mining in the region. The cancellation of such mining lease has adversely affected the business of stone stockists. The petitioner submits in spite of such difficulties he has pulled up his resources to make payment of installment in time. The Assistant Director, Mines, issued show-cause notice dated 11.07.2011 to the petitioner that as why his license be not cancelled for defaulting in making payment of 2 Rs.1,84,285/-. Learned counsel submits that notice dated 11.07.2011 contained in Annexure-3 was served only upon him on 25.07.2011 (Annexure-3/A) much beyond the time fixed for giving show-cause. The petitioner submits that he deposited the entire principal amount demanded by the Assistant Director, Mines in two dates i.e. on 29.07.2011 and 01.08.2011. The petitioner submits that though the entire amount was deposited, still the respondent cancelled the license vide order dated 05.08.2011, as contained in Annexure-1. Mr. V.M.K. Sinha, learned counsel for the Mines, has referred to Rule 7 (j) of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 particularly clause (j), which read as follows: “Default in payment of any installment till prescribed date, a 24 percent simple interest shall be charged up to six months and after that action for cancellation of licence shall be taken.” The petitioner submits that he is wiling to deposit the interest amount which has been calculated by respondents at Rs.22,000/- It appears that the show-cause notice dated 11.07.2011 was served on petitioner on 25.07.2011 though the last date of filing show-cause was 18.07.2011. Furthermore, cancellation of Mining lease of stones in the region would have its telling impact on holder of stone stockist license, as it would 3 receive fewer quantities of stone. In my view, if the petitioner files representation before Commissioner, Mines alongwith the receipt of payment of interest he / she would consider the same on its own merit. Till the decision of the commissioner, Mines, the cancellation order communicated vide letter no.811 dated 05.08.2011 by Assistant Director, Mines (Annexure-1) would remain stayed. Let the order be communicated to Commissioner, Mines, Assistant Director, Mines and District Magistrate, Rohtas, Sasaram through FAX at the cost of the petitioner. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)