Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:14472
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1581 of 2025 1 - Radhe Lal Sahu S/o Mehattar Ram Sahu Aged About 49 Years R/o Pipariya Police Station, Pipariya Distt.- Kabirdham (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Mines And Minerals, Mantralaya Mahanadi Bhawan, Nawa Raipur Atal Nagar, Distt.- Raipur (C.G.). 2 - The Director Directorate Of Mines And Minerals, Indravati Bhawan, Nawa Raipur Atal Nagar, Distt.- Raipur (C.G.). 3 - The Collector (Mining Branch) Kawardha Distt.- Kabirdham (C.G.). 4 - The Chief Municipal Officer Municipal Council, Nagar Panchayat, Pipariya, Distt.- Kabirdham (C.G.). Digitally signed by RAGHVENDRA JAT
2
... Respondent(s) For Petitioner(s) : Mr. Niraj Baghel, Advocate on behalf of Ms. Vikeshwari, Advocate. For Respondent(s)/State : Mr. Satish Gupta, Government Advocate.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 26/03/2025
1. It is submitted that the petitioner is the Contractor, who was granted work-order by the respondent No.4, on which the petitioner has executed the work as ordered. The bills were submitted, however, the final bills have not been paid to the petitioner. The amount of the bills have not been paid by the respondent No.4 only for the reason that petitioner has not submitted the royalty clearance certificate as required under Clause-35 of the Agreement. On his failure to submit such certificate, the respondent No.4 is eligible to make deduction of the said royalty amount and make payment of the remainder amount, therefore, the petitioner is before this Court.
2. Learned State counsel opposes the submissions and submits that it is respondent No.4, who has to contest and reply to the
arguments of the petitioner.
3
3. After considering on the submissions, the petition is disposed off. Petitioner is granted liberty to file fresh representation within time limit of 10 days and on filing such representation, respondent No.4 shall consider on the same and in case no royalty clearance certificate is produced by the petitioner then the respondent No.4 shall make deduction of the royalty amount and then release the remainder of the payment in favor of the petitioners. This order shall be complied within time limit of 60 days. Further it shall be the responsibility of Respondent No.4 to deposit the royalty deducted with State exchequer.
4. Accordingly, the petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat