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2007 Supreme(All) 2795

V.M.SAHAI, R.N.MISRA
VIRENDRA GIRI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court.—By way of this writ petition the petitioners have prayed for a writ, order or direction in the nature of certiorari quashing the impugned orders dated 31.8.2007 and 4.10.2007 passed by respondent No. 3, which is filed as Annexure-2 to the writ petition, by which the respondents have demanded royalty from the petitioners on the supply of Stones and similar relief in the nature of mandamus directing the respondents not to withhold payment of the petitioners in pursuance of the said letters.

2. We have heard Sri I.P. Singh, learned counsel for the petitioners and Smt. Sarita Singh, learned Standing Counsel appearing for respondents.

3. From the contents of the writ petition, it appears that the petitioners are registered Contractor in District Budaun. The Executive Engineer (Flood Division), Irrigation Department invited tenders for supply of the stone boulders for the construction of “Chandanpur Husainpur Tatbandh”. The tender of the petitioners were accepted and in pursuance of the order they supplied stone boulders to the Irrigation Department. They purchased stone boulders through agents and paid the price. This fact is not disputed that the petitioners being r















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