STATE OF BIHAR Vs. BHAVISHYA KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 19th November, 2013 whereby, communication dated 22nd of January, 2013 cancelling the mining lease of minor mineral of Mauza-Jagariya, Plot No. 1971/P of land measuring 1.80 acres at Jagariya in the District of Bhagalpur, was set aside, on the ground that in terms of Section 114A of the Transfer of Property Act, 1882 (hereinafter referred to as the 'Property Act'), if the breach is remediable, it must be remedied. It was also found that the show cause notice for cancelling the lease must be served by the Collector himself and, therefore, the order of cancellation of lease by another officer cannot be sustained.

(3.) The writ applicant was granted mining lease for extraction of stones and murram by the Collector by Memo No. 1037 dated 25.10.2008, pursuant to an auction held on 14th June, 2008. The lease deed was executed on 26th November, 2008 for a period till 25.10.2013.