Rajasthan High Court - JodhpurM/S Vikash Builder & Suppliers vs . State Of Rajasthan & Others on 19 May, 2015Author:Sangeet LodhaBench:Sangeet Lodha1
                                                          S.B.Civil Writ Petition No. 609/99
                                  M/s Vikash Builder & Suppliers Vs. State of Rajasthan & Others




         S.B.Civil Writ Petition No. 609/99
M/s Vikash Builder & Suppliers Vs. State of Rajasthan & Others


            DATE OF ORDER          :       19/05/2015


        HON'BLE MR. JUSTICE SANGEET LODHAMr. Abhinav Jain, for the petitioner.Mr. N.K.Mehta, Additional Govt. Counsel, for the
respondents No.1&2.Ms. Suman Porwal, Dy.Govt. Counsel, for respondent No.3.By way of this writ petition, the petitioner has

questioned the legality of the circulars dated 22.11.89,

22.9.94 and 8.11.96 issued by the Department of Mines,

Govt. of Rajasthan, providing for deduction of provisional

royalty @ 2% of the contract amount from running bills of

the contractors.Learned counsel appearing for the petitioner

submits that the controversy involved in the present writ

petition stands covered by the decision of this Court dated

17.4.2001 rendered in the matter of M/s.Vijai Construction

Company, Bikaner Vs. State of Rajasthan and Ors.[2001

(3)   WLN    92],   whereby   the         writ         petition             preferred

questioning the legality of the order dated 8.11.96, which is

impugned in the present writ petition as well, was disposed2S.B.Civil Writ Petition No. 609/99
                                   M/s Vikash Builder & Suppliers Vs. State of Rajasthan & Others




of   with the consent of the learned counsel appearing for

the petitioner therein and the Additional Government

Counsel appearing on behalf of the State with the directions

in the following terms;"1. As the material used by the contractor cannot
     be subject matter of royalty twice, the matters
     requires to be assessed/ examined by the
     competent authority;2. If the department comes to the conclusion that
     the royalty has already been paid on the mineral
     by the user/contractor/licence of the mines and
     minerals/lease holder or by the contractor if he was
     holding the short term licence, the question of
     imposing the royalty would not arise;3. In case the material used has never been
     subjected to royalty, the department will make
     proper assessment and the petitioner contractor
     shall be liable to pay that only up to the date of
     withdrawal of notification i.e. 18.11.2000;4.    Petitioner is directed to furnished the
     complete particulars/information regarding the
     purchase/excavation of materials within a period of
     30 days from today before the Assessing Authority
     of the respondent department and the latter shall
     proceed in accordance with law as explained above.
     Needless to say that if it is found that there are
     certain outstanding dues of the petitioner
     contractor, the respondents are directed either to
     adjust if any amount is due or to refund it. The
     respondent authority is directed to decide the same
     within a period of four months from the date of
     furnishing the particulars;5.    There shall be no order as to costs."The   factum   of   controversy                  involved              in      the

present writ petition being covered by the decision of this

Court in the matter of M/s. Vijai Construction Company is3S.B.Civil Writ Petition No. 609/99
                                       M/s Vikash Builder & Suppliers Vs. State of Rajasthan & Others




     not disputed by the Deputy Government Counsel appearing

     for the respondents.Accordingly, this writ petition is disposed of in

     the light of the decision of this Court in M/s.Vijai

     Construction Company's case (supra).The directions issued

     by this Court in M/sVijai Construction Company's case

     (supra) reproduced herein above, shall govern the case of

     the petitioner as well. No order as to costs.(SANGEET LODHA)J.
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