Advocates:
['SANJAY KUMAR JAIN', 'C S C', '', 'VIJAY TRIPATHI']

Court No. - 39

Case :- WRIT - C No. - 30756 of 2021

Petitioner :- Oshan Singh

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Sanjay Kumar Jain

Counsel for Respondent :- C.S.C.,Vijay Tripathi

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Krishan Pahal,J.

Sri Vijay Tripathi learned counsel is appearing on behalf of the

respondent nos. 2 and 3.

The present petition is directed against the final notice dated

13.8.2021, Firozabad whereby the wrong payment of royalty to

the tune of Rs. 87,150/- is sought to be realised from the

petitioner.

The petitioner herein claims to be a contractor and he was

engaged in the construction work allotted by the Zila

Panchayat, Firozabad.

The contention is that on the completion of the work allotted to

him, bills were submitted and payment against the bills after

due verification were released in the year, 2015. However, on

the basis of objection in an audit made in the year, 2018 the

deduction of five times of royalty had been made from the

petitioner on the premise that the payments were made to him

without submission of MM 11 form and as such the royalty for

mine and mineral was paid to the petitioner in an illegal

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