IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14332 of 2011 Sheo Shakti Stone Works Through Its Proprietor Ravindra Kumar Gupta S/O Thakur Prasad Gupta R/O Vill.- Karwandia, P.S.- Sasaram, Distt.- Rohtas with Civil Writ Jurisdiction Case No.14383 of 2011 Royal Enterprises Through Its Proprietor Sheonath Singh S/O Ramjee Singh R/O Vill.- Nasirganj, P.S.- Nasirganj, Distt.- Rohtas with Civil Writ Jurisdiction Case No.14352 of 2011 M/S Maa Durga Stonechips Works, Through Its Proprietor, Randhir Pratap Verma S/O Late Ravindranath Verma R/O Vill.- Khilanganj, P.S.- Sasaram, Distt.- Rohtas with Civil Writ Jurisdiction Case No.16225 of 2011 M/S J. K. D. Stone Works Through Its Properietor Om Prakash Sharma S/O Sharoanand Sharma R/O Village-Indraapur, P.S. Makhdumpur, District-Jehanabad. with Civil Writ Jurisdiction Case No.14902 of 2011 M/S Mehta Stone Works Through Its Proprietor, Sanjay Kumar Singh S/O Ramjeet Singh R/O Vill. Bansa Karwandia, P.S. Sasaram, Distt. Rohtas. with Civil Writ Jurisdiction Case No.15332 of 2011 M/S Jai Baba Pragat Nath Crusher Through, Its Proprietor Siya Ram Kumar S/O Heera Singh R/O Vill.- Nayaka Gaon, P.S.- Sasaram, Distt.- Rohtas Versus 1. The State Of Bihar 2. The Principal Secretary, Mines And Geology, Bihar, Patna 3. The District Magistrate, Rohtas 4. The Assistant Director, Mines & Geology, Rohtas (In all cases) ------------------------- 2. 21.10.2011. All the six cases involve common issues, as such they are being disposed of with this common order. Heard the petitioners as well as Mr V.M.K.Sinha, 2 appearing for the Mines Department. Petitioners are stockist licencees of stone mineral. Their licenses have been cancelled for the alleged violation of the provisions of Bihar Mineral (Illegal Mining, Transportation and Storage) Rules, 2003. The cancellation orders were communicated to the petitioners by Assistant Director, Mines and Geology, Rohtas, respondent no.4 which are impugned in these batch cases. Petitioners submit that auction bid was held for grant of stone stockist licence for different areas. The petitioners being highest bidders for their respective areas were granted license, with the condition that they would repay the entire license fee in seven equal yearly instalments. For example, petitioner Ravindra Kumar Gupta was granted licence for a total consideration of Rs. 12.51 lakh which was to be paid in seven equal yearly instalments of Rs. 1,78,715. Similarly, licence to other petitioners were granted on consideration of high amounts. In recent time, some of the stone mining leases were either cancelled or not renewed. The result was that the petitioners received less stones for their crusher units which adversely affected their business and thus they could not make the full deposit within time schedule which led to 3 the cancellation of their licence. The petitioners state that some of them have subsequently made entire payment, while others are willing to make payment of the due amount within a short time. They further state that the respondents granted stone stockist licence generally on basis of existing stone mining lease in the area. On the other hand, Mr V.M.K.Sinha submits that Rule 7(J) of the Bihar Minerals (Prevention of Illegal Mining, Transportation, and Storage) Rule, 2003 governs the situation when there is default in payment of instalments in time. In the facts and circumstances of the case, as the remedy of Revision is available, I remit the matter to the Mines Commissioner, Government of Bihar who would look into the matter and pass appropriate order. In case, an application for condonation of delay is filed, the same would be considered sympathetically as the petitioners were pursuing their remedy before this Court. The leaned appellate authority would dispose of the matter also taking into consideration that in some of the cases the petitioners have made entire payment of instalments and in 4 others, petitioners are willing to make the payment within a short time. Plants and machinery installed by the petitioners would not be dispossessed till the matter is heard and disposed of by the Mines Commissioner. Needless to mention that the petitioners would also not operate the Crusher units in the meantime. Shashi. (Samarendra Pratap Singh,J.)