IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10859 of 2009 RAJU KUMAR SINGH, son of Shari Hari Singh, resident of Village-Amaun, Post- Amaun Baraun, P.S. Karamchat, District – Kaimur (Bhabhua). Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Department of Mines & Geology, Government of Bihar, Patna. 3. The Dy. Director, Department of Mines & Geology, Government of Bihar, Patna. 4. Assistant Mining Officer cum Competent Authority, Department of Mines & Geology, Kaimur (Bhabhua). ----------- 02. 27.08.2009 Petitioner’s challenge is to letter bearing Memo No. 178 dated 3.8.2009, by virtue of which he has been restrained from making any further excavation or extraction of granular earth for which he had been given permit by the Department of Mines, Government of Bihar. The communication is from the Assistant Mining Officer cum Competent Authority of Kaimur. Submission of the learned counsel for the petitioner is that the present order has been communicated to the petitioner stopping all activities without any proper enquiry or inspection and even if it was done, it was done behind the back of the petitioner. It is also stated that allegation which has been made is without any supporting material in this regard. The time for quarrying permit granted is going to run out on 31st October, 2009. Learned counsel for the respondents submits that petitioner has a right of appeal and even otherwise, in the given facts, it will be in the interest of both State and the petitioner if actual state of affairs is verified. In this regard appeal would be the proper remedy for the - 2 - petitioner in which respondents are willing to cooperate. To some extent stand taken by the respondents could be valid because actual verification with regard to quantum of extraction in terms of the permit granted to the petitioner will have to be made at the place, since this Court has no mechanism to do so. Looking at the period which has been left for the petitioner for carrying out the extraction, the Court opines that the matter requires to be referred to the appellate authority, which is the Deputy Director, Department of Mines & Geology, Government of Bihar, Patna. Let the petitioner file an appeal within one week from today and the said appellate authority will be obliged to decide the matter within a period of four weeks thereafter. Needless to say that if the communication contained in annexure-5 has been passed for extraneous reasons then the petitioner may be granted extended time. The writ application stands disposed of in the light of the above. Let a copy of this order be handed over to Special PP (Mines) for communication. rkp (Ajay Kumar Tripathi, J)