STATE OF BIHAR AND ORS. Vs. AJAY SINGH

JUDGEMENT

(1.) The present appeal has been filed by the State of Bihar challenging the order, dated 17.12.2013, passed in C.W.J.C. No.2864 of 2013, by a learned single Judge of this Court setting aside the order of cancellation of lease, dated 06.10.2012, passed by the Collector, Rohtas, in Misc. (Mines) Case No.02/2012, and further directing the authorities concerned to grant to the petitioner appropriate licence for enabling him to use explosives in carrying out the object of the lease. It has further been directed by the order under appeal that the State Government shall, if not inclined to continue with the lease to the petitioner as lessee, refund to the lessee the money paid by him along with interest accruing thereon.

(2.) Aggrieved by the order under appeal and the directions given thereunder, this appeal has been preferred by the respondents in the writ petition.

(3.) It needs to be mentioned here that the writ petitioner (i.e., the respondent herein) Ajay Singh, filed a writ application, bearing C.W.J.C. No.2864 of 2013, seeking quashing of the order, dated 6.10.2010, passed by the District Magistrate, Rohtas, in Misc. (Mines) Case No.02 of 2012, whereby the mining lease of the stone, granted to the writ petitioner, was cancelled for the remaining period of the lease on the ground that the petitioner had failed to deposit the amount due within the stipulated time and also that he had failed to procure 'No Objection Certificate' from Water Resources Department, Government of Bihar. The writ petitioner also prayed for restoration of the mining lease, granting of the licence enabling the writ petitioner, i.e., the respondent herein, to use explosive and to pay compensation to the writ petitioner, i.e., the respondent herein, for the loss incurred by him.