IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.885 of 2009 M/S SHIVSHAKTI MINERAL DEVELPMENT . Versus THE STATE OF BIHAR & ORS . with CWJC No.616 of 2009 M/S SHIVSHAKTI MINERAL DEVLOPMENT . Versus THE STATE OF BIHAR & ORS . ----------- 4. 6.12.2010 Heard learned counsel for the petitioners and the State. Since both the writ applications have been filed by the same petitioners in context of the same settlement made for mining and being interrelated, they are being disposed by this common order. Suffice it to say that the controversy arose with regard to the areas of the land leased to the petitioners for mining by reason of certain religious structure alleged to be existing on a part of the leased lands. The Commissioner in Revision Case No. 19 of 2005 gave certain directions by his order dated 17.7.2006 for identification and re-demarcation of the area, Whereafter the total amount payable was to be recalculated and the balance amount was to be paid by the petitioner in four equal installments. The counter affidavit of the respondents states that such fresh demarcation has been done excluding the area of the religious structure. This fact 2 is not disputed by the counsel for the petitioners. If that be so, all that remains now is fresh fixation of liabilities in accordance with the areas identified after demarcation. If the respondents have acted under the order of the Commissioner dated 17.7.2006 for fixing of the liabilities and the petitioner is aggrieved by the same, his remedy lies in an application before the Commissioner himself. It is made clear that this Court has not gone into the merits of the matter which remains to be considered by the Commissioner himself. The writ application stands disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)