IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.921 of 2008 MD.AHMAD HUSSAIN son of Asique Hussain resident of village Chakandra, P.S. Shekhpura, District Shekhpura. Versus 1. THE STATE OF BIHAR 2. Mines Commissioner, Bihar, Patna 3. The Collector, Shekhpura 4. The District Mining Officer, Munger 5. The Assistant Mining Officer, Munger. 6. Assistant Mining Officer, Jamui. ----------- For the Appellant : M/S. N. K. Agrawal, Senior Advocate, Manoj Kumar Pandey & Satish Kumar For the Mines Department : Mr. V. M. K. Sinha, Spl. P.P. Mr. Satya Prakash Tripathy, J.C. to Spl. P.P. ------- 5 13/04/2009 This Letters Patent Appeal is directed against the order dated 26.8.2008 passed by the learned Single Judge in C.W.J.C. No. 11787 of 2004 by which he dismissed the writ petition. The case of the petitioner is that by order dated 25.6.1995 the Collector, Sheikhpura granted mining lease in favour of the petitioner for a period of five years but the agreement was not executed. The appellant approached the Mines Commissioner by filing a revision application claiming that the mining lease ought to have been granted for a period of ten years in terms of Rule 7 of the Bihar Minor Minerals Concession Rules, 1972. It is the further case of the appellant that the said revision petition was allowed on 14.6.1996. Thereafter the petitioner approached the Mining authorities but no action being taken by them, he again filed Revision Case no. 206 of 1997 before the Mines Commissioner, Patna who by his order dated 19.9.1997 remanded the matter back to the Collector, - 2 - Sheikhpura granting two months time for executing the deed of lease. Now the petitioner seeks direction upon the respondents to execute the mining lease deed granted to the petitioner by the Collector, Sheikhpura which is pending since long despite the order passed by the Mines Commissioner in the year 1997. The case of the respondents State is that the petitioner after obtaining the order on 19.9.1997 never approached the District Mining Officer to get the lease deed executed nor entered into any agreement. Bihar Minor Mineral Concession Rules, 1972 was amended in the year 2001 vide Notification Nos. 29 dated 24.3.2001 and 702-M dated 17.4.2001 under which the quarry lease of stone was to be granted only by way of public auction for a period of five years and shall not be granted for more than two acres. It is further case of the respondents that by inserting Rule 22A in the 1972 Rules it has been provided that the existing lease shall not be renewed nor fresh lease permit shall be granted. When the original order was passed in 1995, it could have continued till 2005. We are of the view that even if the original grant of lease was for a period of ten years and according to the petitioner the lease was not executed nor he had taken possession of the mines in question, such ten years time is also expired. In view of the amended Rules, this Court cannot direct the State government to execute the lease deed in violation of the present rules. - 3 - In view of the subsequent event of amendment of the Rules, we are of the view that the appellant cannot be granted the relief as prayed for by him. No ground for interference with the impugned order of the learned Single Judge is made out. This Letters Patent Appeal is, thus, dismissed. (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AMIN