JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to refund a sum of Rs.8,00,000/- (rupees eight lakhs) deducted from the final bill of the petitioner under the head of “royalty towards earth work” which, according to him, is beyond the terms of the agreement.

2. A counter affidavit has been filed on behalf of the respondents referring to clause 3.3 of Section-III Part-2 of the special conditions for F2 contract which provides as under:

“If the Royalty clearance certificate for mines/minerals used in the work is not produced with the bill, Royalty will be deducted from the concerned running bill, as per instruction of the Department of Mines. Production of royalty clearance certificate along with the final bill is a must, failing which final bill will neither be passed nor paid, and for such non-payment or delay in payment, the whole and sole responsibility will be of contractor alone.”

3. It has also been stated in the counter affidavit that the issue raised by the petitioner in the present writ petition has attained finality in terms with the judgment dated 28.06.2016 passed by learned Division Bench of this Court in L.P.A. No. 705 of