D. D. SINHA, J. :- Heard Mr. Sunil Manohar, Advocate for the petitioners, Mr. S. C. Mehadia, Advocate for respondent No. 1 and Mrs. Neeta Jog, A.G.P. for respondent No.2.

Mr. Manohar, the learned counsel for the petitioners, has submitted that the petitioners are Government Contractors and purchase boulders, gitti, murum, stones, stand, etc. from the open market for their construction activity. Respondent No.1 invited tenders for the construction work. Clauses (ii), (viii) of the General Terms and Conditions reads thus;

"(ii)………...

Responsibilities of the Contractor/Contractors:

(i)………..

(ii)……….

(iii)……….

(iv)………

(v)………..

(vi)……….

(vii)……….

(viii) All taxes, whether local, Municipal or Central etc. and cess, royalties etc. those are payable or may become payable shall be to the Contractor's/Contractors account and shall be deemed to have been included in the tender for the work to be excluded by him/them. The contractor/contractors will have to produce a certificate from the appropriate authorities of the State Government to the effect that all dues about royalty have been paid. Those certificates will have to be produced before the local payment made/security releas