IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15949 of 2011 1. M/S Ranisati Stone Works through its Proprietor Kamlesh Kumar S/O Sri Raghunath Singh, R/O Village Lalganj, P.O. + P.S. Sasaram, District - Rohtas at Sasaram. 2. Messors Pankaj Stone Works through its Proprietor Sri Dhananjay Prasad Singh, S/O Sri Aazad Singh, R/O Village & P.O. Bank, P.S. Akorhi Gola, District - Rohtas at Sasaram. . . . . Petitioners. Versus 1. The State of Bihar through its Director, Deptt. of Mines & Geology Govt. of Bihar, Patna. 2. The Director, Deptt. of Mines & Geology Govt. of Bihar, Patna. 3. The Asst. Director, District Mining Office, Rohtas, Sasaram. 4. The Collector, Rohtas at Sasaram. 5. The District Mining Officer, Rohtas, Sasaram. . . . . Respondents. ---------------------------------- 2/ 17.11.2011 The petitioners, being the highest bidders for their respective areas were awarded stone stockist license for 20 years on condition of payment of entire amount in seven equal early installments. The petitioners defaulted in payment of one installment. It is specific that installment due with interest against petitioner no.1 would be 3,27,698/-. Similarly, the installment due with interest against petitioner no.2 would be Rs.2,06,559/-. The petitioners submit that cancellation of mining lease in the regions had an adverse effect on their business. They submit that the stone stockist license is granted after taking into consideration the number of stone mining lease granted in the region. They submit that they had even prepared cheque for depositing the installment due even before the order of cancellation. The petitioners submit that the show-cause notice asking as to why their licenses be not cancelled was served upon 2 them after the last date fixed for filing reply to the show-cause. They, thus submit that sufficient opportunity was not granted to reply to the show-cause notice. It would appear from the materials on record that the petitioners received the show-cause notice issued by the Assistant Director, Mines and Geology, Rohtas, Sasaram asking as to why their licenses be not cancelled after the last date fixed for filing reply to the show-cause. The petitioners undertake that they would deposit the entire amount along with the interest within any period that may be fixed by the authorities. As the notices were served upon the petitioners beyond the time fixed for filing reply to show-cause, I am of the view that the petitioners should file their representations / revision before the Commissioner, Mines by 05.12.2011. Learned Commissioner, Mines would dispose of the representation / revision expeditiously. Till the disposal of the representation / revision, the impugned order of cancellation of license communicated by Assistant Director, Mines & Geology, Rohtas contained in letter nos. 588 and 628, dated 11.07.2011 will be kept in abeyance. In case, the petitioners file application for condonation of delay, learned Commissioner, Mines would consider the same, as the petitioners were pursuing their remedy before this Court. In case, no representation is filed, the interim 3 order granted by this Court would stand vacated. With the aforesaid observation, this application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)