IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19097 of 2008 M/S JAI MAA DURGA STONE WORKS THROUGH ITS PROPRIETOR SRI RANG BAHADUR SINGH, SON OF CHANDRADEO SINGH, RESIDENT OF NEW GANGAULI, DALMIANAGAR, P.S. DIHRI, DISTT. ROHTAS. --------PETITIONER. Versus THE STATE OF BIHAR 1. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF MINING, GOVERNMENT OF BIHAR, PATNA. 2. DISTRICT MAGISTRATE, ROHTAS AT SASARAM 3. DISTRICT MINING OFFICER, ROHTAS AT SASARAM ------RESPONDENTS. with CWJC No.16789 of 2008 M/S JAI MAA LAKSHMI STONE WORKS THROUGH ITS PROPRIETOR SRI RAMESHWAR SINGH SON OF LATE MAHADEO SINGH, RESIDENT OF NEW GANGAULI, DALMIANAGAR, P.S. DIHRI, DISTT. ROHTAS. --------PETITIONER. Versus 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF MINING, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, ROHTAS AT SASARAM 4. DISTRICT MINING OFFICER, ROHTAS AS SASARAM -----RESPONDENTS. ----------- 3. 4/11/2009 Similar and identical question of facts and law arises for consideration in both the writ applications, the petitioners were successful bidders for Stone Crushing in the District of Rohtas. The auction was held way back on 29.9.2006. In terms of the requirements of the auction notice, the petitioners were required to deposit first installment within the time frame as also other documents which are stated in Annexure-2 to the writ applications. The factual position is that both the petitioners failed to deposit even the first installment on one pretext or the other. They had been issued reminders and notices by the Mining Authorities but no response came from them. Ultimately, vide order dated 26.6.2007, both the settlement stood cancelled for the reasons indicated in Annexure-1. Submission of learned counsel for the petitioners is that the lease was to subsist for a long period of time extending upto 20 years. They had time to deposit the bid amount in seven years in equal installments. In other words, they had all the time in the World to comply with the requirements. Some evidence has also been brought on the record to show that certain drafts were made ready for payment but the same was not accepted by the Mining Authority on one pretext or the other and in a pre-conceived and mechanical manner the auction was cancelled and the order has come to be passed vide Annexure-1. Learned Special P.P. Mines, has filed counter affidavit in both the matters. Categorical stand of the State is that there has been deliberate failure on the part of these petitioners to meet the terms laid down including deposit of first installment after they were declared successful bidder. In the case of Jai Maa Durga Stone works the no objection from the Pollution Control was granted to him way back on 23.11.2006 but even then no steps were taken to deposit the first installment and complete the formalities. From the conduct of the two petitioners, it is apparent that they were never serious about completing the formality of taking the lease in question. Even though they have denied issuance of notices to them but those notices have been brought on record in support of the statement. It is not that the impugned orders have come to be passed overnight have been passed after giving reasonable time and opportunity to the two petitioners. This Court is not convinced with the bona fide or the explanation offered by the petitioners. If they were serious about taking lease in terms of the auction then they would have taken all steps to comply with the requirements within the time frame. Obviously, they were bidding for time and were extending the time frame for depositing the money and documents which they were required to do on one pretext or the other. Since the auction had revenue implications for the State, the State could not wait for indefinite period for the two petitioners to decide as to what they wanted to do with the settlement being the highest bidder. The Court does not find any arbitrariness in the decision taken by the respondents. The problem faced by the petitioners is their own creation. Writ has no merit. It is dismissed. S.Ali (Ajay Kumar Tripathi, J.)