S STONE WORKS THROUGH ITS PROPRIETOR RAJIV KUMAR Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY MINES AND MINERAL

JUDGEMENT

(1.) Heard Mr. K.N. Choubey, learned Senior counsel for the petitioner, Mr. Obaidullah A.C. to S.C. and Mr. Naresh Dikshit, Spl. P.P. Mines.

(2.) The writ petition has been filed for quashing Memo No. 527(Mines) dated 8.9.2011 (Annexure-2) issued by the Collector, Jehanabad (Respondent No. 3), whereby and whereunder he has cancelled the licence of the petitioner bearing No. 11/03 in respect of storage of stones for uses in Crusher Machines. Petitioner has also prayed for issuance of appropriate writ in the nature of mandamus commanding and directing the Respondent Authorities to revalidate the licence bearing No. 11/03 for remainder of the period for which it was granted to the petitioner.

(3.) Counsel for the petitioner submits that petitioner was granted licence for storage of stone for uses in Crusher Machines by licence No. 11/03 issued by letter No. 1978 dated 8.12.2003 under Rules 2003 of Bihar Mines (Illegal Mines, Transportation and Storage Niwaran) after providing land by the petitioner of Plot No. 710 an area of 35 decimals situated in Mauza Musshi, P.S. Makhdumpur, Distt. Jehanabad, The auction money was fixed for Rs.3,60,500/- and mode of payment of auction was fixed by the Authorities in 7 installments. Thereafter, payment of Rs.5,000/- for each year of renewal of licence till further 13 years and whole licence was allowed to the petitioner for period of 20 years for doing business.