IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14866 of 2011 1. M/S Maa Vindhyavashni Stone Chips Through Its Proprietor Om Prakash Singh S/O Sri Dayal Singh R/O Vill. Gobighs, P.S. Dehri, Distt. Rohtas At Sasaram. Versus 1. The State Of Bihar. 2. The Collector, Rohtas At Sasaram. 3. The Assistant Director Mines And Minerals, Rohtas At Sasaram. 4. The District Mining Officer, Rohtas At Sasaram. 2 9.12.2011 The petitioner prays for quashing of letter no.821 dated 5.8.2011 issued by the Assistant Director Mines and Minerals, Rohtas at Sasaram communicating the cancellation of its licence bearing licence no.237/2007 pursuant to the order of the Collector, Rohtas dated 4.8.2011 for alleged violation of the provisions of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2003 and clause 4 of the agreement. The petitioner was granted stone storage licence within Dehri block for a total value of Rs.13,21,000/- which was to be paid in seven equal yearly installments of Rs.1,88,714/-. The petitioner paid yearly installments for the years 2007, 2008 and 2009. Admittedly, he defaulted in making payment of installment for the year 2010. As such the Assistant Director, Mines and Minerals, Rohtas at Sasaram vide his letter dated 11.7.2011 issued show cause as to why his licence be not cancelled for non-payment of installment of Rs.1,88,714/- for the year 2010 which would come to Rs.2,11,360/- inclusive of interest. The petitioner was to submit its show cause by 2 18.7.2011. The petitioner has annexed a copy of the speed post to show that the show cause notice was sent on 23.7.2011 which was received by the petitioner on 26.7.2011. The petitioner submits that thus he was deprived of sufficient opportunity to furnish his show cause. Thereafter, the Assistant Director, Mines and Minerals communicated the order of the District Magistrate, Rohtas cancelling his licence vide communication dated 5.8.2011 contained in Annexure-3. The petitioner submits that in recent times cancellation of several mining lease for stone quarry have adversely affected the business of stone stockists in the distirct. Mr. V.M.K. Sinha, learned counsel for the Mines submits that the petitioner defaulted in payment of installments as provided in section 7(j) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2003 and clause 4 of the agreement. I have heard learned counsel for the petitioner and counsel appearing on behalf of the Mines Department. It is not in dispute that the petitioner defaulted in making payment of installment due for the year 2010 which would come to Rs.2,11,360/- inclusive of interest. The petitioner asserts that prior to receipt of the communication of cancellation of his licence, he had deposited a sum of Rs.71,000/-. It appears that in recent past quite a number of stone mining licenses for stone quarry have been cancelled which definitely made impact 3 on the business of stone stockiest. Further more, the notice of show cause was received by the petitioner much beyond the last date given for filing show cause and as such the petitioner was deprived of sufficient opportunity to explain its case. In the facts and circumstances of the case, I remit the matter to the learned Commissioner of Mines for consideration of the matter. If the petitioner files its representation before the Commissioner of Mines for redressal of his grievance, within three weeks from today, along with a draft of Rs.71,000/-, the same would be disposed of expeditiously. Subject to the aforesaid condition, the impugned order of cancellation of licence is kept in abeyance. With the aforesaid observations and directions, this writ application stands disposed of. KHAN (S.P. Singh,J)