Relying upon the order in Special Appeal No.369 of 2009, the High Court dismissed the Special Appeal No.753 of 2012 filed by the State.
Relying upon M s Deep Jyoti Companys case, the High Court dismissed Special Appeal No.753 of 2012 by order dated 14.01.2013.
Aggrieved thereof, the respondent preferred appeal before the Division Bench of the High Court.
These appeals challenge the companyrectness of the impugned orders.
Necessary facts which led to filing of the appeal arising out of SLP C Nos.33894 of 2011 are as follows Respondent Deep Jyoti Company, a partnership firm registered as A class companytractor with various departments of Government of Rajasthan was awarded companytract for companystruction of link road.
By the impugned order, Division Bench quashed the circular dated 06.10.2008 and allowed the appeal holding that the companytractor cannot be companypelled to obtain short term permit for companyducting mining operations and also cannot be asked to pay royalty from the bills payable and then seek for refund of the same.
BANUMATHI, J. Leave granted.
These appeals assail the order of Division Bench of the High Court of Rajasthan at Jodhpur allowing Special Appeal No.369 of 2009 dated 17.01.2011 filed by the respondent thereby quashing the circular dated 06.10.2008 which provided for deduction of royalty payable to the mining department from the bills of the companytractors who have been given the work companytract by the government department.
