IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14800 of 2011 M/S Radha Swami Stone Chips, through its Proprietor Jagwati Devi, wife of Shri Chandradeep Singh, resident of Village- Gopibigha, Police Station- Dehri, District- Rohtas at Sasaram.. . . . Petitioner. 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. . . Respondents. ---------------------------------- 2/ 12.12.2011 In the instant writ application, the petitioner prays for quashing letter no.801 dated 05.08.2011, issued by Assistant Director, Mines and Minerals, Rohtas at Sasaram, whereby he has been communicated cancellation of his license bearing license no.148 of 2007 for violation of provisions of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2003 (hereinafter referred to as ‘the Rule, 2003’). The petitioner, being the highest bidder, was granted Stone Stockist License on 02.01.2007 for a total sum of Rs.14,00,000/- to be paid in seven equal yearly installments. In other words, the petitioner was to pay Rs.2,00,000/- every year at the end of December towards the license fees continuously for seven years and thereafter he had to pay license fees at the rate of Rs.5,000/- per month for the balance period. The petitioner defaulted in payment of rent in the year 2010. The respondents in view of Section 13 (1) (j) of the Rules, 2003, the license of the petitioner was cancelled for default in payment of rent. The petitioner submits that the license was cancelled without giving an opportunity of hearing to him. He further submits that cancellation of various mining lease of stone 2 quarry adversely affected the business, on account of which petitioner could not pay the installments in time. The petitioner submits that he has already deposited a sum of Rs.90,000/- on 01.08.2011. The petitioner submits that he is willing to pay the balance dues of Rs.1,10,000/- within a period of three weeks. It appears that in recent times the respondents have cancelled various mining lease of stone quarry, which had its impact on the business of stone stockist licenses. The petitioner has undertaken before this Court that he would deposit the balance of arrears within a period of three weeks before the Commissioner, Mines. In the facts and circumstances of the case, I remit the matter before learned Commissioner, Mines for its consideration. If the petitioner files representation before the learned Commissioner, Mines within a period of three weeks along with a draft of Rs.1,10,000/-, he would dispose of the representation expeditiously. The petitioner would also pay the interest amount within the time specified by the learned Commissioner, Mines. Till the adjudication of the matter and on presentation of draft of Rs.1,10,000/- the impugned order dated 05.08.2011 communicating cancellation of license as well as the order cancelling the license would be kept in abeyance. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)