IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6872 of 2009 NEELAM KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. D.K.Sinha, Sr.Advocate Mr.Manish Sahay, Advocate For the Respondents: Ms. Alka Verma, AC to AAG IX 2 23.6.2009 The petitioner prays for a direction to the respondents to reimburse a sum of Rs.10,77,740/- which was deducted for royalty from his bills with regard to the earth work done by him against the agreement no. 3F2 of 2007-08 relating to “Construction of road under MMGSY from Salepur to Soradih road to Jagatpur and Chiddi”. The petitioner submits that earth was removed for strengthening the road in question. After completion of the work, the petitioner presented his bill. Due amount was paid deducting the royalty. This court in the case of this petitioner by order dated 1.5.2009 passed in C.W.J.C.No.5892 of 2007 held that though the Treasury Officer may be correct in deducting the royalty from the bills of the petitioner in proportion to the minor mineral used by him but at the same time the concerned department which has allowed the work to the petitioner is legally obliged to reimburse the same. In view of the aforesaid settled proposition of law, the petitioner would be entitled to reimbursement of the amount deducted by way of royalty for removing the earth. The respondent concerned - 2 - KHAN would reimburse the amount which has been deducted from his bills by way of royalty for removing the earth. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)