IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3284 of 2006 Barkat Ali son of Abdul Fajal, resident of village-Mahpur Kharjubani, P.O. Faridpur, P.S. Hussainganj, District-Siwan. …..Petitioner. Versus 1. The State of Bihar. 2. The Certificate Officer, Siwan. 3. The Deputy Director Mining Circle, Chapra. ……Respondents. With CWJC No.3272 of 2006 Abdul Fajal son of Late Md. Taj, resident of village-Mahpur Kharjubani P.S. Faridpur, P.S. Hussainganj, District-Siwan. …..Petitioner. Versus 1. The State of Bihar. 2. The Certificate Officer, Siwan. 3. The Deputy Director Mining Circle, Chapra. ….Respondents. ----------- For the petitioner : M/s Sanat Kumar Mishra & Shashi Bhushan, Advocates. For the State : A.C. to AAG I. ------- 03/ 24.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents in both the cases. 2. In both the cases, the points involved as well as the reliefs claimed are the same. The only difference is that the petitioner of the first case is the son of the petitioner of the second writ case. In the said circumstances, both these writ petitions have been heard together and are being decided by this common order. 3. CWJC No.3284 of 2006 has been filed by Barkat Ali for directing the respondents to stay the warrant of arrest against the petitioner in mining Case No.1567/2004-05 arising out of Certificate Case No.75/1993-94 and Mining Case No.1568/2004-05 arising out of Certificate Case No.29/1994-95, for issuance of - 2 - certificate and other coercive steps in Certificate Case No.75/1993- 94 and 29/1994-95 mining against the petitioner for the alleged dues of mining tax for the period of 2004-05, against the brick klin of the petitioners situated at Sahuli, District-Siwan in view of the fact that the petitioner is ready to deposit the dues and he already deposited some of the amount and for a further direction to the respondents to accept the dues (original amount) to be deposited by the petitioner and for other writ/s, direction/s, order/s as may deem fit and proper in the facts and circumstances of the case. 4. CWJC No.3272 of 2006 had been filed by Abdul Fajal for directing the respondents to stay the warrant of arrest against the petitioner in mining Case No.388/2004-05 for Rs.6075.00 in 1981-82 session and mining case no.535 of 2004- 2005 for Rs.12080.00 in 1982-83 session and mining case no.386 of 2004-2005 for Rs.4470.70 in 1980-81 session as well as issuance of certificate case and other coercive steps in Mining Certificate case against the petitioner for the alleged dues of mining tax for the aforesaid period against the brick klin of the petitioner situated at Sahuli, District-Siwan in view of the fact that the petitioner is ready to deposit the dues and he has already deposited some of the amount and for a further direction to the respondents to accept the dues (original amount) to be deposited by the petitioner and for other writ/s, direction/s, order/s as may deem fit and proper in the facts and circumstances of the case. 5. A similar writ petition bearing CWJC no.343 of - 3 - 2006 had been filed by its petitioner Barakat Ali for exactly the same reliefs in which the points involved were similar and the said writ petition had been disposed of by this Court vide order dated 15.11.2011 as follows:- “ In the facts and circumstances of the case as well as considering the materials on record, this writ petition is disposed of with a liberty to the petitioner to deposit the entire dues of the tax etc. in the aforesaid cases before the authority concerned within three months from today and the amounts already paid by the petitioner must be deducted. If such amount is deposited by the petitioner, the authority concerned shall accept the same and shall not take any coercive action against the petitioner.” 6. In view of the aforesaid order and the facts and circumstances of the case as well as considering the materials on record, CWJC No.3284 of 2006 is disposed of with a liberty to the petitioner to deposit the entire dues of the tax etc. in the aforesaid cases before the authority concerned within three months from today and the amounts already paid by the petitioner must be deducted. If such amount is deposited by the petitioner, the authority concerned shall accept the same and shall not take any coercive action against the petitioner. 7. So far CWJC No.3272 of 2006 is concerned, it is stated by learned counsel that the petitioner has already died leaving behind his son Barakat Ali (petitioner of CWJC No.3284 of 2006 as his heir) and he undertakes to pay the entire dues of his father, namely petitioner of CWJC No.3272 of 2006, in terms of the said order. Since the petitioner CWJC No.3272 of 2006 has died having no substitution, the said writ petition has become infructuous and is - 4 - disposed of as such. However, his son Barakat Ali will be at liberty to approach the Certificate Officer, Siwan for a similar consideration. Sunil (S. N. Hussain, J.