JUDGMENT :

Per Sujit Narayan Prasad, J:

Prayer

1. The instant writ petition has been filed, under Article 226 of the Constitution of India, for the relief as quoted as under:

“For issuance of an appropriate writ(s)/order (s) direction(s) particularly in the nature of certiorari for quashing of the order dated-31.01.2023 communicated vide Memo NO.-267, dated-03.02.2023 (Annexure-13) passed in Revision Case No.-55 of 2015 by the respondent no.-3 by which without considering the entire material available on the record dismissed the revision application preferred against the cancellation of lease vide Letter No.-594, dated-26.06.2003 and for quashing the order as contained in Memo No.-594, dated-26.06.2003 (Annexure-4) by the respondent no.-4 (Deputy Commissioner, Giridih) duly communicated by the Respondent No.-5 (District Mining Officer) by which without any notice or show cause the lease granted on 04.02.1997 for the purpose of mining lease of stone for the area 1.50 acre situated at Mouza-Chachaghara under district-Giridih has been cancelled.

And

For issuance of an appropriate writ(s)/order(s) direction(s) particularly in the nature of mandamus commanding upon the respondents to allow to carrying on the business on the lease hold area for the none working period which has illegally been closed vide order dated-.26.06.2003 by extending the period for which the petitioner is entitled in terms of the agreement and lease granted by the State Govt. to him for which the petitioner has already paid all the legal dues and in absence of none working material stones are being stolen away by regularly and further the respondents be directed to pay the compensation to the tune of Rs. 1.34 crores for the period of 3 years 8 months i.e. approximately Rs. 10,000/-per day in lieu of the none working for illegal closure inspite of paying all the dues as the petitioner has suffered lot and for that he has suffered medically for inaction on the part of the respondents.”

Factual Aspect:

2. The brief facts of the case, as per the pleadings made in the writ petition, which requires to be enumerated, reads as under:

3. The petitioner has applied for mining lease for stone in terms of the Bihar Minor Mineral Concession Rules in respect of area constituted in village Chachdhera, Plot No. 547 (P) for an area of 1.5 acres in the district of Giridih. It is stated that after following all the procedure and enquiry, the mining lease for stone was granted for ten years with certain term(s) and condition(s) and to that effect an agreement was entered vide agreement dated 04.02.1997 for the period of ten years (04.02.1997 to February 2007). Accordingly, the petitioner started the work and paid all the royalties and rents etc.

4. However, all of a sudden, one Munna Hazam disputed with regard to the lease hold area claiming that the land belongs to him and not the State Government property. Therefore, the work was stopped on 11.01.2000 by the petitioner and till January, 2010, no dues were there as the petitioner has paid the royalty and Dead Rent etc. in terms of the Agreement.

5. Since the private person has disputed the matter with regard to the land in question, hence the petitioner filed application before respondent no.-3 which was instituted as Miscellaneous Case No. 15/2001 in which the petitioner has prayed for providing protection for doing the work on the leased hold area. Thereafter the matter was enquired into by the Deputy Commissioner time to time and proceeding has been continued since long and the respondents themselves stated that the work in the lease hold area is stopped for last 2-3 years, as it will be evident from the letter dated 09.07.2003.

6. In the meantime, notice was issued by respondent no.- 5 for depositing the dead rent from 2001 and another notice dated 31.07.2002 was also issued allegedly contrary to the terms and conditions of the lease agreement dated 04.02.1997 wherein it has specifically been averred that payment of surface rent and de