VIRENDRA GIRI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner against the respondents for issuing a writ, order or direction in the nature of certiorari quashing the impugned order dated 25-8-2007, passed by respondent No. 3 which is filed as Annexure-3 to the writ petition, by which the respondents have demanded royalty from the petitioner for the supply of stones and similar relief in the nature of mandamus directing the respondents not to withhold payment of the petitioner in pursuance of letter dated 25-8-2007, issued by respondent No. 3.

(2.) WE have heard Sri I. P. Singh, learned counsel for the petitioner and Shri Vishnu pratap, learned Standing Counsel appearing for respondents.

(3.) FROM the writ petition, it appears that the petitioner is a registered Contractor in district Budaun. The Executive Engineer (Flood Division), budaun made an advertisement for construction of work known as "ganga Mahawa Tatband" in Budaun Division. In response to said advertisement, the petitioner also filed tender, which was accepted. The work order was issued to the petitioner to supply Stone Boulders to Irrigation Department. He purchased the boulders from Rajasthan through M/s Pachauri stone Supplier, Tatpur, Agra. When he submitted bills for payment, a notice was given to him to pay royalty, though he had already filed Rawannas along with bills. Since the petitioner was not a license holder of mining, therefore, he was not obliged to pay royalty and respondents had no right to with hold his payment for the work done by him. Aggrieved by the order and notice referred to above, the petitioner filed this petition.