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2007 Supreme(All) 2760

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


Advocates:
Counsel :
I.P. Singh for the Petitioner; Smt. Sarita Singh, S.C. for the Respondents.

JUDGMENT

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

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

3. From the contents of the writ petition, it appears that the petitioner is a registered Contractor in District Bulandshahr. 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 petitioner was accepted and in pursuance of the order he supplied stone boulders to the Irrigation Department. He purchased stone boulders through agents and paid the price. This fact is not disputed that the petitioner being registered contractor w
















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