HR SHIVARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these petitions have sought for a direction, directing the respondents to prohibit from enforcing the deductions of royalty from the petitioners as per Notification dated 2nd June 2003 bearing No. CL-278 MMN. 2001 Bangalore, circulars dated 26th July 2003 bearing No. DMG/dd/ (MA)DCB/nrr/2003-04 vide Annexure B and circular dated 9th September 2003 bearing No. /2003-04/3671 vide Annexure C. Further petitioners have sought for a direction, directing the respondents not to collect any royalty from the bills of petitioners and to refund the royalty from the bills of petitioners and to refund the royalty of petitioners, if already deducted.

(2.) THESE thirteen petitioners claim to be the registered civil contractors carrying on civil works such as constructions and repairs of canals, buildings, roads, drains etc. In order to execute the said works, these petitioners are purchasing the raw materials from the licenced quarry owners and other private quarry owners and the materials purchased by these petitioners have already suffered royalty. It is the case of petitioners that, in view of the impugned notification and the circulars issued by Government, as referred above, the officials are trying to deduct royalty from the running bills of these petitioners. Being aggrieved by the said action of the jurisdictional officers, petitioners herein are constrained to approach this Court by filing the instant writ petitions, questioning the impugned notification and circulars referred above.

(3.) I have heard learned counsel appearing for petitioners and learned Additional Government Advocate appearing for respondents.