IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16786 of 2011 S. S. Construction Through Its Proprietor Sanjay Singh Son Of Late Sheo Shankar Singh Resident Of Village + P.O.- Moradabad, P.S.- Sasaram, District- Rohtas. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, Mines and Geology, Bihar, Patna 3. The District Magistrate, Patna 4. The Assistant Director, Mines and Geology, Rohtas 5. The District Mining Officer, Rohtas (Sasaram). . . . . . Respondents. ----------- 3/ 28.11.2011 Heard learned counsel for the petitioner and the respondents. In the instant application, the petitioner prays for quashing order bearing letter no.281 dated 5.08.2011, whereby the Assistant Director, Mines and Minerals, Rohtas cancelled the license of the petitioner on the ground of default in payment. The petitioner was granted Stone Storage license being the highest bidder having quoted Rs. 13,09,000/-. The aforesaid amount was to be paid in seven equal yearly installment of Rs.1,87,000/-. Thereafter the required license fee was to be paid over the remaining 13 years. It is not in dispute that the petitioner defaulted in making payment of installment in as much as Rs.1,87,000/- remained due towards the principal amount, which with interest total to Rs.11,85,646/-. The petitioner submits that by notice dated 12.07.2011, he was required to make his explanation by 18.07.2011. The petitioner asserts that he received the notice on 16.08.2011, which was dispatched on 23.07.2011 itself. The 2 petitioner, thus, submits that he was not granted opportunity to put forth his case. The petitioner submits that he is willing to deposit the entire amount. It would appear from the materials on record that as per notice dated 12.07.2011, the petitioner was to file show-cause by 18.07.2011. The petitioner has annexed copy of the postal receipt to show that the same was received much after the last date fixed for submitting his explanation. The petitioner, as such has obviously been deprived of adequate opportunity to represent his case. It is also not in dispute that cancellation of a number of Mining Lease and Stone Quarry has adversely affected the business of Stone Stockiest license. In the fact of circumstances of the case, I am inclined to give an opportunity to the petitioner to file representation / revision before the Commissioner, Mines within three weeks from today, who would dispose of the representation / revision expeditiously. The impugned order would be kept in abeyance till adjudication of the matter subject to petitioner deposits a sum of Rs.2,50,000/- with his representation / revision, as no illegality in mining has alleged, except that he defaulted in payment of installment. This application stands disposed of with the aforesaid direction. Uday/ (Samarendra Pratap Singh, J.)