IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11034 OF 1995 ====================================================== 1. Ram Pravesh Singh, S/o Tapeshwar Singh, R/o Village-Panchanpur, P.S.-Tekari, District-Gaya. 2. Bhushan Singh, S/o Kamta Singh, R/o Village- Paruhar, P.S.-Dehri, District-Rohtas. …………… Petitioners Versus 1. The Union of India through its Secretary, Mines and Minerals, Government of India, New Delhi. 2. The State of Bihar through the Secretary, Mines, Minerals and Geology, Government of Bihar, Patna. 3. Commissioner of Mines, Minerals and Geology, Government of Bihar, Patna. 4. The Collector, Gaya. 5. Assistant Mines Officer-cum-Competent authority, Gaya, District-Gaya. ………. Respondents ====================================================== APPEARANCE : For the Petitioners: Mr. Ram Sevak Choudhary, Advocate. For the Respondents: Mr. Manoj Kumar, AC to S.C. VI. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) 20.04.2011 Learned Advocate Mr. Ram Sevak Choudhary appearing for the petitioners is not present on repeated calls. The petitioners before this court are the brick kiln owners. The petitioners seek to challenge the rate of royalty charged by the State of Bihar on the minor mineral (soil) under Government Notifications dated 2nd April 1987, 17th August 1991, 27th March 1992 and 28th September 1994 issued under the Bihar Minor Mineral Concession Rules, 1972. The petitioners also seek to challenge the recovery of a lump sum royalty, which was hitherto collected in instalments. 2 In our opinion, in view of the passage of time and further enhancement of royalty over the years since the filing of the writ petition, the matter at issue has become academic. No relief on the present petition can be granted to the writ petitioners. The writ petition is accordingly disposed of. Patna High Court Dated 20th April 2011 NAFR/Sujit (R.M.Doshit, CJ.) (Jyoti Saran,J.)