W.P.No.7092/2011 1 21/10/2011 Shri S.S.Dhakad, Advocate for the petitioner. Shri Vivek Khedkar, Advocate for respondent Nos. 2 & 3. Heard. Because similar points have been decided by this Court in other petition, namely, W.P.No.1357/2008, M/s Kushwah Construction Pvt. Ltd. Vs. The M.P. Rural Road Development Authority and others, hence, this petition is disposed of finally. In the present writ petition, the petitioner has contended that it is doing the business of construction of road, buildings and other works and has been granted contract for the construction and maintenance of rural roads. The grievance of the petitioner is that the respondents are not finalizing the petitioner's bills and insisting the petitioner to produce the no objection certificate/ receipt of payment of royalty charges for the minerals purchased by the petitioner directly from the suppliers and used in construction. The petitioner contends that the royalty is required to be paid by the lease-holder and the petitioner being the purchaser cannot be held liable. The issue raised by the petitioner has been settled by this Court in the case of Keti Construction Limited Vs. State of M.P. and others, reported in 2007 (3) M.P.H.T. 433 (DB); Prestige G.S. Sole Vs. M.P. Rural Development, reported in 2004 (4) MPLJ, 175, and M.P. Contractors Sangh, Indore and others Vs. State of M.P. and others, reported in 1987 JLJ 743. W.P.No.7092/2011 2 Accordingly, keeping in view of the totality of the facts and circumstances of the case, this petition is allowed and disposed of with the following directions :- (i) The State Government shall clear the bills of the petitioner submitted in connection with execution of the contract in question without insisting upon producing no dues certificate from the Collector or any other authority with regard to payment of royalty for the minerals consumed. However, the State Government can insist upon production of bills with regard to purchase of mineral and in case the bill is not available an affidavit indicating the manner in which and the place or source from where the mineral is purchased. This affidavit can be used by the State Government for verification and for taking further action for clearing the bills. (ii) Amount of royalty, if any, recovered from the bills of the petitioner, shall be refunded to the petitioner on the petitioner filing the bill or the affidavit as indicated hereinabove, liberty is granted to the petitioner to represent the matter before the State Government pointing out the inability in producing the bills or the affidavit and it would be for the State Government to consider the representation and take such steps as may be permissible or proper for clearing the bills in the given set of circumstances as may be indicated by the petitioner. (iii) No order as to cost. (S.K.Gangele) (Brij Kishore Dube) Judge Judge