IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11776 of 2009 SANJAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- CWJC No.11819 of 2009 ARVIND KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 02. 08.09.2009 In both the writ applications challenge is to letter dated 3.8.2009 by virtue of which petitioners have been restrained from making any further excavation or extraction of granular earth for which they had been granted permit by the Department of Mines, Government of Bihar. The reason indicated in the said letter is that petitioners have already achieved the level of production which was granted to them in terms of the licence. It is urged on behalf of the petitioners that this is a mechanical order which has come to be passed without any verification, inspection or notice in this regard and, therefore, the order must be interfered with. Counsel for the respondents submits that these are matters which ought to be verified at the local level, which cannot be decided on the basis of pleadings or exchange of affidavits but requires actual physical verification. Be that as it may, the Court is in agreement that matter will have to be looked into and verified in presence of the petitioners and in this regard the Deputy Director, Department of Mines and Geology, Government of Bihar should be approached by the - 2 - petitioners, who is the appellate authority and he shall after giving opportunity of hearing and verification will pass appropriate order preferably within four weeks from the date of filing of such appeal. Needless to say that if the restraint order passed by the competent authority is found to be misplaced, the petitioners will be allowed to operate mines to achieve the target which has been given to them in terms of the licence by granting extended period of time. The writ applications stand disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)