IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.569 of 2008 In (CIVIL WRIT JURISDICTION CASE 2019/2004) Krishna Kamal Prasad, son of Late Jai Narayan Ram, resident of village+ P.O. Karwandia, P.S.- Sasaram (Muffasil), District- Rohtas ….. Appellant-Petitioner Versus 01. The State Of Bihar through its Secretary-Cum- Commissioner, Mines and Geology Department, Bihar, Patna 02. The Special Secretary, Finance Department, Bihar, Patna 03. The District Magistrate, Rohtas, Sasaram 04. The Assistant Mining Officer, Rohtas ….. Respondents-Respondents For the Appellant:- Mr. Sanjeev Kumar, Advocate For the State:- Mr. V.M.K. Sinha, Advocate ---------------------------------- 04. 02.08.2011 The matter relates to the amount of royalty of shop against the appellant @ Rs.100/- per cubic meter as against the agreed rate of Rs. 40/- per cubic meter as per the agreement annexed with the writ petition filed by the appellant was dismissed by the learned Single Judge, the present L.P.A. has been filed and it is urged before us that the matter is already covered by a Division Bench judgment of this Court in L.P.A. No. 824 of 2002 dated 24.8.2009, wherein the Division Bench has directed that fresh demand notice @ Rs. 40/- per cubic meter during this period so long the notification dated 24.3.2001 subsists. In this case also similar 2 notification has been issued and the matter is squarely covered under the above judgment. We also had the occasion to go through the judgment of the Division Bench of this Court in L.P.A. No. 824 of 2002 dated 24.8.2009. Having heard other side, we are of the opinion that the law laid down in the above judgment covers the present L.P.A. also. Under the above circumstances, we deem it proper to dispose of the present L.P.A. in terms of L.P.A. No. 824 of 2002 dated 24.08.2009. However, learned counsel for the appellant submitted that the State has gone to file S.L.P. before the Apex Court, but no stay has been granted. It is also contended by the learned counsel that for the appellant that the royalty has been paid by the appellant @ Rs.50/- per cubic meter after issuance of the notification. Taking note of the submission, we are of the opinion that the calculation of royalty should be made @ Rs. 50/-, but however, if any balance amount is remained to be paid the same shall be subject to the result of the judgment of the Apex Court. We also make it clear that the appellant is bound by the direction of the Apex Court, if any. It is submitted by learned counsel 3 appearing on behalf of the appellant that the royalty has been paid by his client @ Rs.50/- per cubic meter against the agreed rate of Rs.40/- per cubic meter, so that fresh calculation may be made by the State @ Rs.50/- and it is also made clear that the State is at liberty to demand balance amount in case they succeed in the pending S.L.P. This L.P.A. is disposed of. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)