IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17046 of 2011 Prakash Stone Industries Through Its Proprietor Smt. Sita Singh W/O Dr. Om Prakash Singh Resident Of Village + P.O.- Padshar, P.S.-Gurari Karakat, District-Rohtas. Versus 1. The State Of Bihar. 2. The Principal Secretary, Mines Ang Geology, Bihar, Patna. 3. The District Magistrate, Patna. 4. The Assistant Director, Mines And Geology, Rohtas. 5. The District Mining Officer, Rohtas (Sasaram). ---------------------------------- 2 18.11.2011. The petitioner being the highest bidder for her respective area was awarded stone stockist license for 20 years on condition of payment of entire amount in seven equal early installments. The petitioners defaulted in payment of one installment. On 12.7.2011 show cause notice was issued on the petitioner showing Rs. 1,85,875/- dues as instalment and Rs. 3,47,275/- including interest. The petitioner submits that cancellation of mining lease in the regions had an adverse effect on the business. He submits that the stone stockist license is granted after taking into consideration the number of stone mining lease granted in the region. The petitioner submits that she received show-cause notice on 4.8.2011, much after the last date fixed for fining of the show cause. The petitioner submits thus she was deprived of being afforded sufficient opportunity 2 to make an explanation. The petitioner undertakes that she would deposit the entire amount along with the interest within any period that may be fixed by the authorities. Mr VMK Sinha, learned counsel appearing for the Mines submits that the petitioner defaulted in payment of instalment , as such her lease was rightly cancelled in view of section 7(j) of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 as well as clause (4) of the agreement. It would appear from the perusal of the record that the petitioner received show cause notice much beyond the last date fixed for filing show cause, as such, the petitioner was not provided sufficient opportunity to explain her case. In the circumstances, the petitioner may file her representation before the Commissioner, Mines within three weeks from today. Learned Commissioner, Mines would dispose of the representation expeditiously. Till the disposal of the representation, the impugned order issued by Assistant Director, Mines & Geology, Rohtas contained in letter nos. 804 dated 5.8.2011 communicating order of cancellation of licence will be kept in abeyance. 3 In case the petitioner files an application for condonation of delay, learned Commissioner, Mines would consider the same, as the petitioner was pursuing her remedy before this Court. In case, no representation is filed, the interim order granted by this Court would stand vacated. With the aforesaid observation, this application stands disposed of. Shashi. (Samarendra Pratap Singh,J.)