Purnendu Singh, J. – Heard Mr. Gautam Kumar Kejriwal, learned counsel appearing on behalf of the petitioner; Mr. Naresh Dikshit, Spl. P.P. Mines and Mr. Kinkar Kumar, learned counsel for the State.

2. Petitioner has prayed inter alia for following relief(s) in paragraph no. 1 of the writ petition: –

"(a) For issuance of a writ or order or direction in the nature of certiorari for quashing of the letter bearing memo number 653/khanan Gaya dated 23.02.2024 issued by the respondent Collector, Gaya and the corrigendum bearing memo number 686/ khanan, Gaya dated 29.02.2024 issued by the Mineral Development Officer whereby the blasting permit of the petitioner for stone mining rights with respect to Mouza Mirzapur, Circle Manpur, plot number - 2 (CS), Khata No. 61, area 12.50 acres has been suspended and the petitioner has been restrained from production and movement of minerals till further orders without any prior show cause notice served upon the petitioner much less any opportunity of hearing afforded before issuance of such order affecting fundamental, contractual and substantive civil rights of the petitioner;

(b) For further issuance of a writ or order or direction restraining the respondents from taking any further coercive action against the petitioner in light of the impugned decision communicated vide bearing memo number 653/khanan Gaya dated 23.02.2024 by the Collector, Gaya and the corrigendum vide memo number 686/khanan, Gaya dated 29.02.2024 issued by the Mineral Development Officer;

(c) For further issuance of a writ or order or direction upon the respondents especially the Collector, Gaya and other authorities in the district to allow the petitioner to carry on execution of mining activities in terms of the lease deed dated 16.12.2020 as the petitioner has already deposited 4 instalments out of 5 instalments required to be paid in terms of the lease deed and as such there is no scope of any financial loss to be suffered by the state exchequer;

(d) For further holding and a declaration that in terms of Rule 47 (2) Of The Bihar Minerals (Concession, Prevention Of Illegal Mining, Transportation And Storage) Rules, 2019 (hereinafter referred to as the rules 2019 for short), the respondent Collector Gaya was obliged in law to issue a prior show cause notice upon the petitioner and only after hearing the petitioner against proposed issues could pass an order of the nature which is communicated vide impugned bearing memo number 653/khanan Gaya dated 23.02.2024;

(e) For further holding and a declaration that the letter bearing reference number 500/khanan Gaya dated 09.02.2024 claimed as a show cause notice in the impugned bearing memo number 653/khanan Gaya dated 23.02.2024 is thoroughly misconceived and contrary to records as by no means of interpretation can such letter be accepted as a show cause notice and therefore the impugned decision of the respondent Collector Gaya suffers from the error of violation of principles of natural justice as well as the provision of law enshrined under Rule 47 (2) of the rules 2019;

(f) For further holding and a declaration that the lease period of the petitioner being operative till the year 2025 and the settlement amount of the petitioner already lying with the respondents, there could be no question of violation of Rule 22 (3) of rules 2019 especially when no such demand of excess of royalty was raised by the respondents;

(g) For grant of any other relief of reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

BRIEF FACTS

3. The brief facts are that the respondent Department of Mines and Geology, Government of Bihar vide letter No. 4067/M dated 12.11.2014 expressed it’s decision to invite tenders for settlement of stone mines located at different districts in the State of Bihar for a period of 5 years from the date of execution of agreement/deed.

4. The petitioner participated in the tender with respect to block number 1 in Mauza Mirzapur, Circle Man