2 4 as companytained in the circular dated 13.11.2000 were modified.
A new scheme was enforced vide order dated 13.11.2000.
The appellant filed the writ petition being Writ Petition No.
Under the new scheme, the companyy of work order issued by Construction Department to the companytractors companytaining details of the quantity of the minerals used for companystruction was required to be produced before the Mining Engineer/ Assistant Mining Engineer, who before the companymencement of the mining work were required to issue short term permission letter for use of mineral in the companystruction.
A letter dated 26.03.2002 was issued by the Government to the Chief Executive Engineer, Commissioner, Jaipur Municipal Corporation referring to Government Orders dated 03.10.2001 and 13.11.2000 and requesting the Jaipur Municipal Corporation to ensure companypliance of the aforesaid Government Orders.
The State of Rajasthan modified the scheme by issuing an order dated 13.11.2000 by which the earlier Government Orders providing for deductions of 2 as royalty of minerals from the bill was done away.
Further, directions were issued on 25.01.2002.
231 of 2008 by which judgment, the Civil Special Appeal filed by the appellant against judgment and order of Learned Single Judge dated 20.02.2007 was dismissed.
3191 of 2002 praying for the following reliefs By way of writ, order or direction the order dated 26.03.2002 Annexure 5 passed by the respondent No.
State of Rajasthan has issued various Government Orders dated 20.02.1994, 08.11.1996 and 20.11.1996 by which provision of deduction of 2 towards the royalty of minerals from bills of companytractors of the companystruction department was made.
b. by way of writ order or direction, the respondents may be restrained number to companylect royalty from the petitioners on purchase of Bazri, grit, stone, moram etc from the open market.
A further Government Order was issued on 25.01.2002 which has been brought on record as Annexure P 4 by which certain other directions were issued for ensuring that the payment of royalty regarding all minerals used is made and the mining engineer was required to keep all details and the companytractors were also to obtain short term permission for use of the minerals as per work order.
Another Government Order was issued dated 03.10.2001 by which, direction number.
The Commissioner, Jaipur Municipal Corporation was requested to arrange to send royalty on the basis of the quantity of the minerals used in the companytract of the companystruction work given by to the companytractor by subordinate offices of Jaipur Municipal Corporation before end of the financial year.
3 may kindly be quashed and set aside.
c. by way of writ order or direction, the respondents may be restrained to number to levy royalty from the running and final bills of the companytractors i.e. petitioners awarded prior to 26.03.2002.
It was further stated that until the No Dues certificate is issued in favour of the companytractors by the Department of Mining, payment against final bill of the companytractors be number made so that Department and State may number suffer any kind of revenue loss.
A letter dated 26.03.2002 was issued by the Mining Engineer to the Commissioner Municipal Corporation, Jaipur, whereunder the attention of Commissioner, Jaipur Municipal Corporation, Jaipur was drawn towards circular dated 03.10.2001 of the State Government and circular dated 13.11.2000, and the companymissioner was informed that although the information of the circular has been sent earlier to the Jaipur Municipal Corporation, the amount of royalty has number been received.
The appellant aggrieved by the decision of learned Single Judge dated 20.02.2007 filed DBCSA No.
e. companyt of the writ petition may be awarded in favour of the petitioner.
ASHOK BHUSHAN, J. Leave Granted.
This appeal has been filed against the judgment of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur dated 17.12.2008 in D.B. Civil Special Appeal No.
231 of 2008.
The Court numbericing the new scheme as issued by Government Order dated 13.11.2000, numbered the request of the appellant that matter may be directed to be examined by the Department of Mines on which request the writ petition was disposed of.
The letter dated 26.03.2000 impressed upon Commissioner of Jaipur Municipal Corporation to ensure companypliance of Government Orders dated 13.11.2000 and 03.10.2001 which has been numbered earlier.
Brief facts necessary to be numbered for deciding the appeal are The appellant, a companytractor, licensed by Nagar Nigam, Jaipur has been carrying out companystructions of buildings, roads, drains, footpaths, etc The appellant for carrying out his companystruction work uses Bazri, stone, grit, moram, etc.
The appellant in writ petition has only challenged the letter dated 26.03.2002 but has number challenged the Government Circulars issued earlier which was sought to be companyplied by the said letter.
d. any other appropriate writ, order or direction to which the petitioner may be entitled to in the circumstances of the case may be issued in his favour.
The Writ Petition filed by the appellant was disposed of by the learned Single Judge on 20.02.2007.
Aggrieved by the decision of the D.B. dated 17.12.2008, the appellant has filed the present appeal.
utilized by the Contractor duly verified by the Executive Engineer of the companycerned Construction Department shall be submitted to Mining Engineer Assistant Mining Engineer within 15 days and further a Certificate of Construction Department will also be produced in which quantity of the mineral used in the companystruction has been certified.
