IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.219 of 2007 Pramod Kumar Singh Versus The State Of Bihar & Ors ----------- 3 12.7.2011 The petitioner is aggrieved by order dated 6.11.2006 passed by the Respondent no.2 conforming the order of the Collector, Bhagalpur as well as order of Assistant Mining Officer, Bhagalpur dated 26.9.2006 whereby the petitioner’s application for further renewal of the mining lease of stone quarry within Shahkund in the district of Bhagalpur has been rejected. The petitioner was granted mining lease of stone quarry in Mauza Banama within Shahkund in the district of Bhagalpur for ten years w.e.f. 6.11.1996, as would be evident from the agreement annexed as Annexure-1. However, before expiration of the said lease on 5.11.2006, the petitioner submitted an application on 2.8.2006 for renewal of the lease which was rejected by the Collector, Bhagalpur. Being aggrieved by the aforesaid order, the petitioner filed a Revision Case No.28/06 before the Commissioner of Mines, Bihar, Patna which too was rejected by order dated 6.11.2006 on the ground that the said mining lease would be settled by auction. Learned counsel for the petitioner submits that the amendment in Rule 9A of the Rules came into force on 24.3.2001 directing that any mineral may be leased out or settled by Public auction/tender in the manner prescribed in rule 52. He 2 submits that the petitioner was having the lease in question before the amendment of the Rules and as such it would not apply to the lease granted prior to 2001. The petitioner is entitled to get his lease renewed under the provision of Rule 22 of the Rules. On the other hand, counsel for the respondent no.4 states that the mining lease of stone had been settled by way of auction under the amended rules 9A and 52 of the Bihar Minor Mineral Concession Rules, 1972. In support of his submission, learned counsel relied upon a decision of the Hon’ble Apex Court in the case of State of Tamil Nadu Vs M/s Hind Stone etc., reported in A.I.R. 1981 SC 711. In the aforesaid case the Apex Court negatived the submission that application for grant of lease made long before the date of amendment should be dealt with as if Rule 8C had not come into force. Having heard counsel for the parties and on going through the materials on record, it would appear that the petitioner was granted lease for ten years w.e.f. 6.11.1996 on an area within Mauza Banama, under Shahkund Block in the district of Bhagalpur as per the provsiions of the Bihar Minor Mineral Concession Rules, 1972. Rule 22 provides for renewal of mining lease. However, Rule 9A which was inserted on 24.3.2001 provides that notwithstanding anything contained in these rules the Government may by notification in Official Gazette direct that any mineral may be leased out or settled by Public auction/tender in the manner prescribed in rule-52. It has 3 KHAN been contended that pursuant to amendment in Rule 9A a notification dated 17.4.2001 was issued in terms of Rule 52 limiting the period of lease to five years from ten years and further provided that it would be settled by way of auction. The issue is whether the aforesaid amendment would be applicable to the facts of the present case. The petitioner was granted lease in the year 1996 for ten years which could have expired in the year 2006. The amended rules have come in force before expiry of the period of lease. Thus, the position may have been different if the amendment was Effected after the expiry of the period of lease and grant of renewal. In the instant case the amendment has come in the year 2001 before expiration of the period of lease in 2006. Thus, any subsequent grant of lease after 2001 would be governed by the amended Rule 9A read with rule-52 of the Bihar Minor Mineral Concession Rules, 1972. In the circumstances, no relief can be granted to the petitioner. In case if the authorities decide to make a lease, it would be open to the petitioner to participate in auction etc. With the aforesaid observations, this writ petition stands disposed of. (S.P.Singh,J)