1 / 3 2025:CGHC:5881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5287 of 2024 1 - Kishan Lal Yadav S/o Deepak, Aged About 36 Years R/o House No. 111/1, Naya Para, Gandai, District-Khairagarh-Chhuikhadan-Gandai (KCG) (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, Nagar Panchayat, Sahaspur Lohara, District-Kabirdham, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Chandrikaditya Pandey, Advocate For Respondents/ State : Mr. Satish Gupta, Govt. Advocate 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 31/01/2025 1. Learned Counsel for Petitioner submits that the Petitioner is a Class-D Contractor. He was granted a Work Order by Respondent No.4. He executed the work as ordered and submitted the bills. However, the final bills have not been passed. 2. Contention of learned Counsel for Petitioner is that the amount of the bills has not been paid by Respondent No.4 only for the reason that the Petitioner has not submitted the Royalty Clearance Certificate, as is required under Clause-35 of the Agreement. However, on the Petitioner failing to submit such certificate, the Respondent No.4 is eligible to make deduction of the said royalty amount and to make payment of the remainder amount. Hence, the Petitioner is before this Court. 3. Learned State Counsel, however, opposes the submissions made by learned Counsel for Petitioner and submits that it is the Respondent No.4 who is to contest the case and reply to the arguments of the Petitioner. 4. After considering the submissions put forth on either side and on perusal of record, the present Writ Petition is disposed of permitting the Petitioner to file a fresh representation in this regard before the Respondent No.4 within a time limit of 10 days. On filing of such representation, the Respondent No.4 shall consider and decide the same. In case, if no Royalty Clearance Certificate 3 / 3 is produced by the Petitioner, the Respondent No.4 shall make deduction of the royalty amount and then release the remainder of the payment in favor of the Petitioner. This order shall be complied with, within a further time limit of 60 days. It shall be the responsibility of the Respondent No.4 to deposit the royalty deducted, with State Exchequer. 5. With the aforesaid observation and direction, this Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar