IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4158 of 2006 Ravi Kumar Son of Sri Ram Bachan Mallah Resident of village Masahi, P.O. Umapur, P.S. Bhagwanpur, Distt. Kaimur (Bhabhua) …. ….. Petitioner Versus 1. The State Of Bihar 2. Additional Secretary, Government of Bihar, Patna 3. Collector, Kaimur (Bhabua) 4. District Mining Officer, Rohtas, Sasaram 5. District Mining Officer, Kaimur, Bhabhua 6. Assistant Mining Officer, Rohtas cum Kaimur, Sasaram 7. Officer-in-charge, Bhagalpur, Kaimur (Bhabhua) … Respondents ----------- 02/ 03.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is a lessee under lease deed dated 11.6.2004 for breaking of the stone chips. The area leased out is 1.35 acres. 3. It is submitted on behalf of the petitioner that having measured the leased area, he found only 90 decimals of land available for breaking of the stone chips and, accordingly, requested the authorities to measure the leased area under representation dated 1.7.2004 and 27.7.2004, Annexures-2 and 3, but the request was not considered. Petitioner continued with the extraction of the stone chips over 90 decimals of the area, which was available. Request for issue of fresh chalan book made on 2 16.3.2005 was not considered and petitioner submitted representation dated 10.6.2005, Annexure-6 requesting the authorities to accept the surrender of his lease. 4. This writ petition has been filed for a direction to the State- respondents to consider the request contained in representation dated 10.6.2005, Annexure-6 and to accept the surrender of the lease. 5. From the counter affidavit filed on behalf of the Mines Officer, it does not appear that representation dated 10.6.2005 has been considered and disposed of. 6. Accordingly, this writ petition is disposed of directing the District Mines Officer, Sasaram to consider the request of the petitioner contained in representation dated 10.6.2005, Annexure-6 and pass appropriate orders in accordance with law taking into account the averments made by the petitioner himself in paragraph 13 of the rejoinder affidavit. The distress warrant issued in the meantime should not be executed against the petitioner until disposal of the representation dated 10.6.2005. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.) 3