IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5042 of 2006 M/S NAGARJUNA CONSTRUCTION COMPANY LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 41, NAGARJUNA HILLSA, HYDERABAD-500082, THROUGH ITS CONSTITUTED ATTORNEY SRI BIRENDRA KUMAR, SON OF SRI BIJAY KUMAR SINGH RESIDENT OF NEW DILLION, DEHRI ON SONE, ROHTAS. Versus 1. THE STATE OF BIHAR 2. COLLECTOR, ROHTAS SASARAM. 3. THE SECRETARY, DEPARTMENT OF MINES, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY DIRECTOR OF MINES, GOVERNEMNT OF BIHAR, PATNA. 5. THE DISTRICT MINING OFFICER SASARAM, ROHTAS. 6. THE ASSISTANT MINING OFFICER, OFFICE OF THE DISTRICT MINING OFFICER, SASARAM, ROHTAS. ----------- 02. 15.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the lessee who was granted two mining lease for a period of 5 years under lease document dated 31.3.2003, Annexure-1 over plot no.3 appertaining to khata no.522, area 4 acres in village Dhawtand in the district of Rohtas. Having obtained the lease petitioner operated the quarry until 31.3.2005, although request to accept the surrender the lease was made on 1.10.2004, which is evident from representation dated 15.11.2004, Annexure-4. During the period petitioner operated the quarry, return was filed, which is evident from Annexure-5 series. In spite of surrender of the lease made by the petitioner on 1.10.2004 in the light of the provisions of Clause-4 of the lease document, surrender is not being accepted and petitioner invited the attention of the Secretary, Mines Department about the failure of the Mining Officer to accept the request of the petitioner for surrender of the lease under representation dated - 2 - 16.1.2006, Annexure-7. When representation dated 16.1.2006 Annexure-7 was also not considered by the authorities petitioner filed the present writ petition. It is submitted on behalf of the petitioner that petitioner has cleared all mining dues except Rs.46 lakhs for which it has filed Appeal No.03 of 2004, which is pending before the Deputy Director, Mines. Statement about the pendency of the aforesaid Appeal No.3 of 2004 has also been made in the representation dated 16.1.2006, Annexure-7. 3. Having heard counsel for the parties, I direct the Secretary, Department of Mines, Govt. of Bihar to consider the representation of the petitioner dated 16.1.2006, Annexure-7 and pass appropriate order in accordance with law, as early as possible, in any case within two months from the date of receipt of this order. It goes without saying that if surrender made by the petitioner on 1.10.2004 is accepted by the authorities, reduced demand may be served on the petitioner. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)