Clause 2 of the Schedule D to the companytract provides the liability to pay royalty of mining The unit rates quoted by the companytractor are to be companysidered as inclusive of royalty in respect of various materials viz, granite trap shahabad stone boulders metal mand, marum etc.
They have to excavate the minor minerals either from the Government quarry or from private quarry and use them for the execution of the work.
Admittedly, the appellants had granted right to the companytractors to extract minor minerals from the quarries owned by the State.
The question whether they are liable to pay royalty on the value of minerals removed from the Government land under any other law was left open.
Calling in question of the entitlement of the Government under Rule 19 of the Karnataka Minor Minerals Concessions Rules 1969 for short the Rules the respondent filed a bunch of writ petitions and disclaimed their liability to pay the same.
It is one of the requirements in the companytract under Clause 35 of the Schedule that they are liable to pay royalty on the material so removed from Government quarry for the execution of the work.
The High Court by a learned single Judge and the Division Bench on appeal accepted their companytentions and issued a mandamus number to companylect the royalty from the respondents.
Thus, the State filed these appeals by special leave under Article 136.
All the appeals raise companymon question of law and the High Court also disposed of the matters by a companymon Judgment.
The Government have demanded payment of the royalty.
These appeals arise from Judgment of the Karnataka High Court in Writ Appeals.
Leave granted.
