IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16337 of 2011 Surendra Prasad Ram Lagan Singh Resident Of Village- Sri Rampur, P.O-Pahleja, P.S- Sasaram Muffasil, District- Rohtas Versus 1. The State Of Bihar Through The Chief Secretary, Bihar, Patna 2. The Commissioner Patna Division, Patna 3. The Distt. Magistrate Rohtas At Sasaram 4. The District- Mining Officer, Rohtas At Sasaram 5. The Assistant Director Miners And Minerals Rohtas At Sasaram ---------------------------------- 2 08.11.2011. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. The petitioner prays to quash letter no. 822/M dated 5.8.2011, issued by the Asstt. Director, Mines & Minerals, Rohtas in pursuance to the order dated 4.8.2011, passed by the District Magistrate, Rohtas, by which Licence no. 356/2007 of the petitioner for storage of stones has been cancelled on account of non- compliance of provisions of Mines (Illegal Mining, Transportation, Storage and Concession) Rules, 2003 (in short the Mines Rules, 2003). The petitioner submits that earlier notice was issued by respondent no.5 on 12.7.2011 asking him to show cause by 19.7.2011 as to why his licence be not cancelled as he defaulted in paying the instalment amount of Rs. 1,85,714/- in time as required under Mines Rules, 2003 which has now 2 swelled to Rs. 2,07,999/-. The petitioner submits that notice which was issued on 22.7.2011 was received by him on 25.7.2011 itself, as such he could not have filed his reply by 19.7.2011. He submits that he has already paid a sum of Rs. 40,000/- on 6.8.2011. The petitioner further submits that respondent no.5 vide letter bearing Memo no. 822, dated 5.8.2011 communicated to him that as he had violated the provisions of Mining Rules, 2003, failing to deposit the instalment in time, the Collector, Rohtas has cancelled his licence on 4.8.2011. The petitioner submits that he is willing to deposit the entire amount with interest by 17th January, 2012. In the facts and circumstances of the case, this Court observes that if the petitioner files an application before Collector, Rohtas within 3 weeks from today, he would pass afresh order preferably within further three weeks, without being influenced by the earlier order cancelling his licence, as the petitioner has not been granted sufficient opportunity to file his show cause reply as notice was itself issued belatedly on 22.7.2011. 3 The writ petition is thus disposed of. Let this order be communicated to the District Magistrate, Rohtas at Sasaram through fax at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J.)