IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12525 of 2008
YASHWANT KUMAR SINGH SON OF LATE RAMDEO PRASAD
SINGH, RESIDENT OF BINDWARA, P.O.- MUNGER, P.S. KASIM
BAZAR DISTRICT- MUNGER.
... PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH THE COMMISSIONER,
MINES AND GEOLOGY DEPTT. NEW SECRETARIATE,
PATNA.
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST,
NEW SECRETARIATE, PATNA.
3. THE DISTRICT MAGISTRATE, MUNGER.
4. THE ASSISTANT MINING OFFICER, MUNGER.
.. RESPONDENTS.
For the Petitioner : M/s. Ashok Kumar Singh (Sr. Advocate),
Manisa Singh & Rajendra Prasad,
Advocate.
For the Spl.P.P (Mines) : Mr. Vishwamohan Kumar Sinha,
Advocate.
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2. 08.12.2010. Heard learned counsel for the petitioner and
the State.
2. Petitioner is aggrieved by the order of the
Mines Commissioner dated 2.5.2008 passed in Revision
case No. 57 of 2007, Annexure-9, whereunder the request
of the petitioner for giving him a revised bill for payment
of royalty for the period between 10.5.2001 till 14.2.2003
has been refused on the ground that petitioner ought to
have paid the royalty as per the revised rates in Schedule-
II of the Bihar Minor Mineral Concession Rules, 1972. It
is submitted on behalf of the petitioner that he was
allowed mining lease for the period of ten years
commencing from 10.5.2001 but the same was
2
determined with effect from 14.2.2003. During the period
when the lease subsisted petitioner paid the royalty but
not as per the revised rate. Accordingly, he requested the
authorities to furnish him a revised demand for payment
of arrears of royalty for the aforesaid period. From the
order impugned it appears that the request has been
refused on the ground that petitioner was aware of the
revised rate at the first instance itself he ought to have
paid the royalty at the revised rate. Petitioner may not
have paid the royalty as per the revised rates but when he
is coming forward to pay the same the authorities should
issue the revised demand for payment of the arrears of
royalty for the period between 10.5.2001 to 14.2.2003.
3. Let the Mines Officer, Munger ensure issue
of the revised demand for the payment of arrears of the
royalty for the period between 10.5.2001 to 14.2.2003, as
early as possible, in any case within one month from the
date of receipt of a copy of this order before the Mines
Officer, Munger and petitioner should also pays the said
amount within another fifteen days of the receipt of the
demand.
4. The writ application is, accordingly,
disposed of.
Ibrar/- ( V. N. Sinha, J.)