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Madhya Pradesh High Court · body

2009 DIGILAW 1082 (MP)

Infra Development v. State of M. P.

2009-09-02

S.C.SHARMA

body2009
Judgment ( 1. ) The present petition has been filed by the petitioner being aggrieved by the action of the respondents in not finalizing the bills of the petitioner in respect of contract awarded to the petitioner for widening of Bhopal by-pass road Ghandi Nagar Bhopal. The contention of the petitioner is that he cannot be compelled to produce no objection certificate and the respondents cannot insist upon production of receipt in respect of the mineral purchased and consumed by the petitioner while carrying out the construction work of road as per the terms and conditions of the contract/agreement. ( 2. ) Learned counsel for the petitioner at the outset has stated before this Court that the matter is covered by the judgment deliverd by this Court in the case of M/s. Tomar Construction Company v. The State of M.R and others, W.P.No.609 of2007 and the same can be disposed of in the light of the judgment delivered by this Court dated 25th September, 2007. The learned counsel appearing for the respondents does not object to the same. ( 3. ) This Court while deciding a similar matter in the case of M.R Singh Tomar v. M.R Rural Development Authority and others, W.P.No. 609 of 2009 decided on 27th April, 2009 has observed as under: "However, the State Government is entitled to make an enquiry from the contractor with regard to place from where the raw material used for execution of the work is purchased and for the said purpose can insist upon production of documents from the contractor with regard to purchase of these raw material i.e. the bills pertaining to purchase of raw material and in case the contractor is unable to produce the bills because of passage of time, the contractor can file affidavit indicating to the State Government the source or place from where purchase of raw material is made and manner in which purchase was made. On the basis of such an affidavit, the State Government shall clear the bills of the petitioners after due verification. On the basis of such an affidavit, the State Government shall clear the bills of the petitioners after due verification. Accordingly, keeping in view the totality of the facts and circumstances of the case, this petition is allowed and disposed of with the following directions :- (i) The State Government shall clear the bills of the petitioner submitted in connection with execution of the contract in question without insisting upon producing no dues certificate from the Collector or any other authority with regard to payment of royalty for the minerals consumed. However, the State Government can insist upon production of bills with regard to purchase of mineral and in case the bill is not available, an affidavit indicating the manner in which and the place or source from where the mineral is purchased. This affidavit can be used by the State Government for verification and for taking further action for clearing the bills. (ii) Amount of royalty, if any, recovered from the bills of the petitioner, shall be refunded to the petitioner on the petitioner filing the bill or the affidavit as indicated hereinabove. In case petitioner is unable to produced the bill or the affidavit as indicated hereinabove, liberty is granted to the petitioner to represent the matter before the State Government pointing out the inability in producing the bills or the affidavit and it would be for the State Government to consider the representation and take such steps as may be permissible or proper for clearing the bills in the given set of circumstances as may be indicated by the petitioners." ( 4. ) Keeping in view the judgment delivered by this Court in the aforesaid case which is the latest judgment on the subject, the present writ petition is disposed of in the indentical terms as held by this Court in the case of Tomar Construction Company (supra). ( 5. ) The writ petition is allowed and disposed of with the following directions: (i) The respondents shall clear the bills of the petitioner submitted in connection with execution of the contract in question without insisting upon producing no dues certificate from the Collector or any other authority with regard to payment of royalty for the minerals consumed. ( 5. ) The writ petition is allowed and disposed of with the following directions: (i) The respondents shall clear the bills of the petitioner submitted in connection with execution of the contract in question without insisting upon producing no dues certificate from the Collector or any other authority with regard to payment of royalty for the minerals consumed. However, the respondents can insist upon production of bills with regard to purchase of mineral and in case the bill is not available, an affidavit indicating the manner in which and the place or source from where the mineral is purchased. This affidavit can be used by the respondent for verification and for taking further action for clearing the bills, and (ii) Amount of royalty, if any, recovered from the bills of the petitioner, shall be refunded to the petitioner on the petitioner filing the bill or the affidavit as indicated hereinabove. In case petitioner is unable to produce the bill or the affidavit as indicated hereinabove, liberty is granted to the petitioner to represent the matter before the respondents pointing out the inability in producing the bills or the affidavit and it would be for the respondents to consider the representation and take such steps as may be permissible or proper for clearing the bills in the given set of circumstances as may be indicated by the petitioners. Resultantly, the present petition stands disposed of in the indentical terms of the order passed by this Court in the case of M.R Singh Tomar (supra).