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2026 DAILYLAW 34689 (CHH)

M/S. VINEET SINGH CONSTRUCTION COMPANY PVT. LTD. (A-5 CONTRACTOR) v. STATE OF CHHATTISGARH

WPC/5237/2022 · 2026-08-30

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010389162022 2026:CGHC:38361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5237 of 2022 M/s. Vineet Singh Construction Company Pvt. Ltd. (A-5 Contractor) Through Its General, Vineet Singh, S/o Late Sudhish Singh Aged About 47 Years, Maharana Pratap Colony, Yadunandan Nagar, Tifra, Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Water Resources, Mahanadi Bhawan, P.S. Rakhi, Atal Nagar, Nava Raipur, Distt. Raipur (C.G.) 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan, Atal Nagar, Nava Raipur (C.G.) 3 - The Chief Engineer Mahanadi Project, Water Resources Division, Raipur (C.G.) 4 - The Executive Engineer Water Resources Division, Kawardha, Distt. Kabirdham (C.G.) 5 - Collector (Mining Officer) Office Of The Mining Branch, Distt. Kabirdham (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Bhaskar Pyashi, Advocate. For the State : Dr. Sourabh Pandey, Dy. AG. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 31.08.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: 2 “10. Relief Sought: i. That, this Hon'ble Court may kindly be pleased to call for entire records of the case. ii. That, this Hon'ble Court may kindly be pleased to direct to the respondent authority to release the royalty clearance amount Rs. 729246/- in favor of the petitioner. iii. That, this Hon'ble Court may kindly be pleased to direct to the respondent authority to pay the interest amount to the petitioner @ 18% from the date of the petitioner is entitled till the date of actual payment. iv. That, any other relief or reliefs, which this Hon'ble Court deems fit and proper in view of the facts and circumstances of the case, may also be granted. 2. Learned counsel appearing for the petitioner submits that by way of the present petition, the petitioner is not assailing any particular order, but seeking a direction to the concerned respondent- authorities to release the royalty clearance amount of Rs. 7,29,246/- in favour of the petitioner. He further submits that the concerned Mining Officer, after following the due procedure, has already cleared the petitioner’s account and has determined that the petitioner is entitled to receive the royalty clearance amount of Rs. 7,29,246/-. He further submits that respondent No. 4/Executive Engineer has also completed all the requisite formalities in respect of the aforesaid royalty clearance amount. However, despite completion of all the necessary formalities, till date the respondent- authorities have neither released the aforesaid amount in favour of 3 the petitioner nor communicated any response or assigned any reason for withholding the same. Hence, aggrieved by inaction on the part of the respondent-authorities, the petitioner has approached this Court seeking the aforesaid reliefs. 3. Referring to its return, learned State counsel submits that claim of the petitioner has been duly considered by the concerned authorities and appropriate orders have already been passed for release of the royalty clearance amount as well as the amount payable under the District Mineral Fund (DMF) in favour of the petitioner. He further submits that upon completion of all the requisite procedure, said amount shall be released in favour of the petitioner in accordance with law. 4. Heard learned counsel for the parties and perused the writ petition as well as the return filed by the respondent-State. 5. On perusal of paragraph -10 of the return filed by the respondent- State, it appears that the concerned respondent-authorities are in the process of disbursing the amount of the District Mineral Fund (DMF), which has not been paid to the petitioner till date, though the other dues payable to the petitioner have already been cleared by the respondent-authorities. 6. Considering the above aspects of the matter, concerned respondents-authorities are directed to pay the amount of the DMF to the petitioner, which has been calculated to the tune of Rs.1,68,287/- within a period of ‘60 days’ from the date of receipt of 4 copy of this order. 7. With the aforesaid observation/direction, the Writ Petition stand disposed of. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.