Mridula Mishra, J.

1. Petitioner is the lessee in whose favour four different plots were awarded by way of lease by the department of Mines for extraction of stone for a period of five years. The Department of Mines had advertised for auction, an open bid was held on 7.10.2002. Petitioner participated in this bid and declared successful bidder as such lease was awarded in his favour. Two lease deeds were executed in his favour on 24.1.2003 and other two lease deeds on 24.3.2003. The petitioner was discharging his liabilities in capacity of lessee as per the lease deed but the State Government vide its Memo No. 283/M dated 14.2.2002 issued a direction that all such lease which have been auctioned taking Rs. 11,50,000/-as the minimum reserve deposit for 2.00 acres of land proportionately are liable to pay royalty for the excess stone extracted/mined out beyond their auction amount and they are required to pay royalty amount in addition to their auction amount. The State Government vide Memo No. 2418/M Patna dated 29.11.2004 issued clear direction for realisation of additional royalty from those bidders in whose favour settlement of stone plots have been made in open bid takin