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2022 Supreme(Jhk) 198

RAJESH SHANKAR
Rajendra Yadav – Appellant
Versus
State of Jharkhand, through the Chief Secretary, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Sahani.
For the Respondents: Mr. Gaurav Raj, AC to AAG-II.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to release the balance amount from the final bill of the petitioner under the head of royalty on the earth work which, according to the petitioner, is beyond the terms of agreement.

2. It is jointly submitted by the learned counsel for the parties that the present writ petition is covered by the order dated 23.12.2021 passed by this Court in W.P.(C) No. 1882 of 2021 [Bhagirath Saw Vs. The State of Jharkhand & Ors.].

3. Perused the order dated 23.12.2021 passed in the aforesaid writ petition, the relevant paragraphs of which read as under :

    “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 de

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