Madhya Pradesh High Court
M/S Rama Construction Company Rewa vs The State Of Madhya Pradesh on 3 August, 2012
W.P. No.10461/2012
(M/s Rama Construction Vs. State of M.P. & Ors.)
03.08.2012
Shri Atul Chaudhary, learned counsel for the
petitioner.
Shri S. s. Bisen, learned Govt. Advocate, for the
respondent/State.
Heard on the question of admission and interim relief.
The petitioner has filed this petition praying for a direction to the authorities to pay their bills regularly without insisting upon a 'No Objection Certificate' from the Mining Department.
It is stated that the controversy involved in the present petition is covered by the decision rendered by this Court in the cases of M/s Narsingh Construction Company vs. State of M.P. & Ors., W.P No.4658/2012 decided on 13.4.2012 and M/s Chandrama Construction Company vs. M.P. Rajya Krishi Vipran Sangh & Others, W.P No.1361/2009.
The aforesaid aspects are not disputed by the learned Govt. Advocate appearing for the respondent/State.
In view of the aforesaid, the petition filed by the petitioner is disposed of in similar terms as passed by this Court in W.P No.4658/2012 dated 13.4.2012 and with the following directions:-
(1) The petitioner shall either furnish the bills of purchase of minerals from authorised dealer or an affidavit disclosing the source from where W.P. No.10461/2012 (M/s Rama Construction Vs. State of M.P. & Ors.) petitioner purchased minerals, which were used in the construction work.
(2) The respondents authorities if are satisfied with the bills produced by the petitioner may process the bills, but in case of any doubt, respondents authorities may insist the petitioner to file an affidavit in support of its contention in respect of purchase of minerals from the open market by the bills. (3) In case the petitioner is unable to produce the bills for the purchase of the minerals or the royalty receipt in this regard, respondents authorities shall insist the petitioner to file an affidavit pointing out specifically the manner in which minerals were purchased, disclosing particulars of the person from whom the minerals were purchased. On filing of the affidavit, the authorities shall be within their right to verify the aforesaid facts. They can also verify the facts from the record of the Mining Department of the concerned district and also ascertain as to whether the provisions of the M.P. Minerals (Prevention of Illegal Mining), Transportation and Storage) Rules 2006. have been complied with or not.
(4) On completion of the aforesaid process, the respondents shall clear the bills of the petitioner submitted in connection with the execution of the works contract and the W.P. No.10461/2012 (M/s Rama Construction Vs. State of M.P. & Ors.) amount of royalty, if any recovered from the bills, shall be released in favour of the petitioner.
(5) In case, the authorities are not satisfied with the contention of petitioner or on verification, facts are not found correct then they shall pass a reasoned order in rejecting the contention of petitioner.
(6) If the petitioner fails to produce the bills/affidavit as indicated hereinabove, the petitioner may represent his case to the concerned authority showing his inability to produce the bills or affidavit and it shall be for the State Government or authority to consider the representation and pass a suitable order in that regard within two months from the date of receipt of the representation.
The petition, filed by the petitioner, is accordingly disposed of in the aforesaid terms.
C.C as per rules.
( R.S. JHA ) JUDGE mms/-