IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12525 of 2008 YASHWANT KUMAR SINGH SON OF LATE RAMDEO PRASAD SINGH, RESIDENT OF BINDWARA, P.O.- MUNGER, P.S. KASIM BAZAR DISTRICT- MUNGER. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER, MINES AND GEOLOGY DEPTT. NEW SECRETARIATE, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, NEW SECRETARIATE, PATNA. 3. THE DISTRICT MAGISTRATE, MUNGER. 4. THE ASSISTANT MINING OFFICER, MUNGER. .. RESPONDENTS. For the Petitioner : M/s. Ashok Kumar Singh (Sr. Advocate), Manisa Singh & Rajendra Prasad, Advocate. For the Spl.P.P (Mines) : Mr. Vishwamohan Kumar Sinha, Advocate. ----------- 2. 08.12.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Mines Commissioner dated 2.5.2008 passed in Revision case No. 57 of 2007, Annexure-9, whereunder the request of the petitioner for giving him a revised bill for payment of royalty for the period between 10.5.2001 till 14.2.2003 has been refused on the ground that petitioner ought to have paid the royalty as per the revised rates in Schedule- II of the Bihar Minor Mineral Concession Rules, 1972. It is submitted on behalf of the petitioner that he was allowed mining lease for the period of ten years commencing from 10.5.2001 but the same was 2 determined with effect from 14.2.2003. During the period when the lease subsisted petitioner paid the royalty but not as per the revised rate. Accordingly, he requested the authorities to furnish him a revised demand for payment of arrears of royalty for the aforesaid period. From the order impugned it appears that the request has been refused on the ground that petitioner was aware of the revised rate at the first instance itself he ought to have paid the royalty at the revised rate. Petitioner may not have paid the royalty as per the revised rates but when he is coming forward to pay the same the authorities should issue the revised demand for payment of the arrears of royalty for the period between 10.5.2001 to 14.2.2003. 3. Let the Mines Officer, Munger ensure issue of the revised demand for the payment of arrears of the royalty for the period between 10.5.2001 to 14.2.2003, as early as possible, in any case within one month from the date of receipt of a copy of this order before the Mines Officer, Munger and petitioner should also pays the said amount within another fifteen days of the receipt of the demand. 4. The writ application is, accordingly, disposed of. Ibrar/- ( V. N. Sinha, J.)