IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11217 of 2009 KRISHNA PRASAD AND COMPANY Versus THE STATE OF BIHAR & ORS ----------- 3 16.04.2010 Having heard the learned counsel for the petitioner, in my view, there is no substance in the writ petition and it is fit to be dismissed. Petitioner is a lessee of minor mineral and has liability to pay charges under the settlement. He prays for an adjustment of amount which Works Department has deducted as royalty from other various contractors unconnected with petitioner in regard to consumption of minor mineral. The adjustment is sought on the ground that these contractors, having illegally mine from the mining area of petitioner, are carrying the same. The remedy of the petitioner is to seek stoppage of illegal mining but not adjustment or approach the Commissioner (Mines) for suitable redressal of his grievance in accordance with law which the Mines Commissioner would consider and pass appropriate orders. In my view, the contractors are patently too independent persons with independent liability and independent transactions. There cannot be any adjustment. The writ petition is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)