DILIP SINGH CONTRACTOR Vs. STATE OF U. P.

JUDGEMENT

(1.) We have heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, counsel appearing for the petitioner; and Shri Pradeep Kumar Tripathi, learned Standing Counsel appearing for the State - respondents.

(2.) By this writ petition, a challenge has been made to the Government Order dated 15.10.2015 and the order of the Engineer-in-Chief (Development & Head of Department), Public Works Department dated 26.08.2019.

(3.) It is stated that the petitioner is "A" class Contractor, executing work of Public Works Department, apart from others. He is using the minerals for execution of contract work. It is after compliance of the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as, 'the Rules of 1963'). He may be subjected to deduction of royalty six times to the amount of royalty pursuant to the Government Order of 15.10.2015. The direction has been given therein to deduct the amount of royalty to the extent of five times to the royalty amount in case it is found that the mineral has been used without a valid transit pass on Form MM-11. The deduction amount to be from the bills of the Contractor.