IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1166 of 2009 Rajesh Kumar s/o Sri Ram Khelawan Prasad, r/o village – Bhagwanpur, P.S. –Rajauli, District – Nawada … Appellant Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. Secretary, Department of Mining, Govt. of Bihar, Patna 3. Deputy Director Mining, Magadh Anchal, Gaya 4. Collector, Nawada 5. District Mining Officer, Nawada 6. Assistant Mining Officer, Nawada 7. Circle Officer, Rajauli, Nawada …. Respondents ----------- For the appellant: Mr. Ebrahim Kabir, Advocate For the respondents: Mr. V.M.K. Sinha, Spl. PP (Mines) 2 09/09/2009 Heard Mr. Ebrahim Kabir, counsel for the appellant and Mr. V.M.K.Sinha, counsel for the respondents on the point of limitation matter as well on merits of the case. For the reasons stated in the I.A. No.5779 of 2009, the delay in filing the appeal is condoned. The appellant had taken a mining lease. His grievance is that on account of frequent disturbances made by the people belonging to the organization known as “MCC”, he was not in a position to quarry the mines. Therefore, the appellant filed CWJC. No.16229 of 2007 2 praying that the State Government should be directed to exempt the rent due against mining lease and the State Government should be further directed to extend the mining lease for a further period of 10 years. The learned single judge has dismissed the writ petition stating that the petitioner did not show any ground on the basis of which the prayer for exemption of rent can be granted. It was further observed that prayers for extension of mining lease and exemption of payment of rent were contradictory. In the present appeal the counsel for the appellant has reiterated the contentions which were made in the writ petition. In the absence of any specific provision in the relevant statute or the rule, we do not think that the High Court can issue any specific direction to the State Government to remit any part of the amount payable. However, it would always be open to the present appellant to pursue his legal remedy either by filing a representation or any other remedy contemplated under the law. We do not express any opinion on the said 3 aspect. With the aforesaid observation, the letters patent appeal is disposed of. Neyaz/ ( P.K. Misra, CJ.) (Anjana Prakash, J.)