1 2025:CGHC:15075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1631 of 2025 1 - Jay Maa Construction Through Proprietor Radhe Lal Sahu S/o Mehattar Ram Sahu Aged About 49 Years, R/o H. No. 443, Pipariya, Tahsil- Pipariya, District- Kabirdham (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Mines And Minerals, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - The Director Directorate Of Mines And Minerals, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 3 - The Collector (Mining Branch) Kawardha, District- Kabirdham (C.G.) 4 - The Chief Municipal Officer Municipal Council, Nagar Panchayat, Pipariya, District Kabirdham (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Dharmesh Shrivastava, Advocate For State/Respondent(s) : Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 28/03/2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.02 20:00:53 +0530 2 petitioner as well as Mr. Satish Gupta, learned Government Advocate for State/respondent/s. 2. By way of this writ petition, the petitioner have prayed for following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents authorities particularly the respondent No. 4 to release the payment towards final bills of the petitioner against the work which have already been completed by them. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. Learned counsel for the petitioners submits that some agreement was executed between the petitioner and respondent No.4, according to which he has conducted some construction work and has produced the final bill after completion of the work concerned, however, on filling the final bills he has not been paid the final amount in respect of completion of concerned work and when the petitioner visited the office of respondent No.4, he was verbally told that he has not deposited the amount for royalty in respect of building materials as such, the payment has not been done. 3 4. On the other hand learned State counsel submits that in-fact it seems that the petitioner has not paid the amount of royalty due to which his final bill has not been paid to him. 5. Considering the aforementioned aspect of the matter and further considering the clause No.35 of the agreement entered between them and as the petitioner has relied upon the decision of Hon’ble Full Bench of High Court of Madhya Pradesh in the matter of M/s. Phaloudi Constructions and infrastructure Pvt. Ltd. vs. State of Madhya Pradesh (Order dated 10.05.2016 passed in W.P. No.4547/2016 and bunch of matters), the respondent No.4 is directed to consider the claim of the petitioner which seems to be genuine and only on the basis of royalty clearance certificate entire amount of final bills has been withheld and it has not been paid to the petitioner, the respondent authorities may deduct the amount for royalty clearance certificate applicable to the petitioner and may proceed further in respect of payment of the bills of the petitioner. It is made clear that the entire order has been passed on the basis of submissions by the petitioner and this Court has not entered into the merits of the case, the authorities concerned are at liberty to pass appropriate orders in respect of the case of the petitioner. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi