IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18264 of 2011 M/S Sah Alam Stone Chips Through Its Proprietor, Md. Sah Alam S/O Md. Ismail Resident Of Village- Amari, P.S.-Sasaram, District-Rohtas. 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. ---------------------------------- 2 07.12.2011. Heard learned counsel for the petitioner as well as Mr VMK Sinha for the Mines department. The petitioner was granted stone stockist licence under Rule7 of the Bihar Minerals (Prevention of Illegal Mininng, Transportation and Storage) Rules, 2003 for a bid amount of Rs. 13,11,786/-. As per the terms of licence, the petitioner was to deposit the entire bid amount in seven equal yearly instalments of Rs. 1,87,398/-. The petitioner submits that he deposited the required yearly instlment for the year 2007, 08 and 09. He could not deposit the yearly instalment for the year 2010 by 31st December of that year as the Mines department has cancelled a number of lease granted for stone mining in the region. The cancellation of such mining lease has adversely affected the stone mining. In spite of such difficulty, the petitioner somehow 2 managed to deposit the yearly instalment of previous three years. The petitioner submits that the Asstt. Director, Mines issued show cause notice on 11.7.2011 explaining as to why licence granted to him be not cancelled for defaulting in making payment of yearly instalment which with interest has totaled to Rs.2,09,886/-. The petitioner submits that the last date for replying show cause was 18.7.2011 but he received the notice on 29.7.2011. The petitioner submits that he still deposited Rs.49,000/- on 28.7.2011. He submits that he is willing to deposit the balance amount within a period of six weeks from today. In my view, if the petitioner files a representation before the Commissioner, Mines with further deposit of Rs. 75,000/- within three weeks, he would consider the case on its own merit. As there is no allegation of illegal mining against the petitioner, till the decision of Commissioner of Mines, cancellation order contained in Letter no. 812 dated 5.8.2011 would remain stayed, subject to the condition that petitioner deposits Rs. 75,000/- within time specified. 3 Let this order be communicated to the Commissioner, Mines, the District Magistrate, Rohtas and Asstt. Director, Mines & Geology, Rohtas. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)