JUDGEMENT
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(1.)The petitioner, who is a contractor/Firm and carries out the construction of Pubic Works, by way of present petition under Article 226 of the Constitution of India, seeks following reliefs:
"1. That, the respondent kindly be directed to finalize the bills of petitioner firms without insisting for producing royalty receipts.
2. That, the respondents be further directed not to recover and not to insist to the petitioner firm to producing royalty certificate and in case any amount recover the same be refund to the petitioner firm, bills also be directed to finalize with interest @ 18% P.A.
3. That, any other relief this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be issued in favour of the petitioner."
(2.)It being not disputed that the issue raised in the present petition has been answered by the Larger Bench in W.P. No. 7798/2017 (M/s Pankaj Kumar Rai Vs. State of M.P. & Others) & W.P. No.11608/2017 (M/s Gurmail Singh Vs. State of M.P. & Other), wherein it is held that:
27. Since minor mineral vests in the State and there is absolute prohibition in extraction of mineral other than by a quarry lease or a trade quarry or permit quarry, therefore, contractor who is engaged in construction work is required to prove that such mineral is royalty paid. For such condition, if the State Government insists on 'No Mining Dues' certificate, the same cannot be said to be illegal as it is to ensure that all minor minerals used in the construction activity are royalty paid material.
28. An affidavit has been filed on behalf of the State Government that the following documents are required in terms of third proviso:-
(i) Copy of the transit passes issued for transportation of total quantity of minerals used in the government construction work.
(ii) Copy of the bills of total quantity of minerals used in the government construction work.
(iii) Copy of the 'work completion certificate' issued by the Government department/Government functionary in respect of work, in which minor minerals have been used.
(iv) Copy of the valid mineral dealer license for use of mineral in government construction work as per Rule 3(2)(iii) of M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2006.
(3.)The affidavit further states that no specific time period for issuing of 'No THE HIGH COURT OF MADHYA PRADESH Mining Dues' certificate is contemplated in the Rules, but, looking to the nature of work, minimum two months time is required by the Mining Officer for completion of said exercise for taking appropriate decision/ passing appropriate orders.
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