IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17646 of 2011 M/S Paras Stone Works Through Its Proprietor Pankaj Kumar Singh Late Sitaram Singh Vill.-+ P.O.-Jamroar,P.S.- Dinara,Dist.-Rohtas Versus 1. The State Of Bihar 2. The Principal Secretary, Mines & Geology,Bihar,Patna 3. The Dist. Magistrate, Rohtas 4. The Assistant Director, Mines & Geology, Rohtas 5. The District Mining Officer, Rohtas (Sasaram) ---------------------------------- 2 18.11.2011. The petitioner being the highest bidder for his respective area was awarded stone stockist license for 20 years on condition of payment of entire bid amount in seven equal early installments. The petitioner could not pay a sum of Rs. 1,86,445/- which swelled to Rs. 4,84,757/-. On 12.7.2011 a notice was issued on the petitioner to show cause by 19.7.2011, as to why his license be not cancelled. The petitioner has raised two grounds. Firstly, the cancellation of mining leases in the region had an adverse effect on its business. He submits that the stone stockist license is granted after taking into considerations the number of stone mining lease granted in the region. Secondly, the show-cause notice was served on 20.7.2011, much after the last date fixed for filing of the show cause. The petitioner 2 undertakes that he would deposit the entire amount along with the interest within any period that may be fixed by the authorities. Mr VMK Sinha, learned counsel appearing for the Mines submits that the petitioner defaulted in payment of instalment , as such the lease was rightly cancelled in view of section 7(j) of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 as well as clause (4) of the agreement. It would appear from the perusal of the record that the petitioner received show cause notice much beyond the last date fixed for filing show cause, as such, the petitioner was not provided sufficient opportunity to explain her case. As the notice was served upon the petitioner beyond the time fixed for filing reply to show-cause, I am of the view that the petitioner should get an opportunity to place his case. The petitioner may file Revision/representation before the Commissioner, Mines within three weeks from today. Learned Commissioner, Mines would dispose of the representation expeditiously. Till the disposal of the representation, the impugned order issued by Assistant Director, Mines & Geology, Rohtas contained 3 in letter nos. 804 dated 5.8.2011 or connected order of cancellation of licence will be kept in abeyance. In case the petitioner files an application for condonation of delay, learned Commissioner, Mines would consider the same sympathetically, as the petitioner was pursuing his remedy before this Court. In case, no representation is filed, the interim order granted by this Court would stand vacated. With the aforesaid observation, this application stands disposed of. Shashi. (Samarendra Pratap Singh,J.)