WPMS/1252/2021
2021 Latest Caselaw 2406 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 14th DAY OF JULY, 2021

                             BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


             Writ Petition (M/S) No.1252 of 2021

BETWEEN:
  M/s ABCI Infrastructure Pvt. Ltd.                 .....Petitioner
       (Mr. Bhupesh Kandpal, Advocate)

AND:

     Union of India & Ors.
                                                 .....Respondents

       (Mr. Rakesh Thapliyal, Senior Advocate assisted by Mr. Virendra
       Kaparuwan, Standing Counsel for Union of India/respondent nos.1
       and 2 and Mr. T.S. Phartiyal and Mr. Rakesh Kunwar, Addl. C.S.C.
       for the State of Uttarakhand/respondent nos.3 and 4)


                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner is a Contractor, who was awarded a contract of construction of road in Char Dham Project. He has been asked to pay royalty on the minor minerals used in the construction of the road. According to the petitioner, he is not liable to pay royalty.

3. By means of this writ petition, petitioner has sought the following reliefs:-

i) Issue a writ, order or direction in the nature of mandamus directing the respondents not to

recover the royalty as demanded by the respondents.

ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.4/State Govt. to waive of royalty as per minutes of Central Govt.

iii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to decide the representation of the petitioner in accordance with law taking into considering the minutes of meeting held on 23/1/2020 and 24/1/2020 of the Ministry of Road Transport and Highway Union of India as well as the prevailing Uttarakhand (Upkhanij) Parihar Regulation 2016.

4. Having regard to the nature of reliefs claimed in the writ petition, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to Secretary, Industrial Development, Uttarakhand, who shall consider the same, in accordance with law, expeditiously.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Secretary, Industrial Development, Uttarakhand (respondent no.4) within ten days from today. If such representation is made within stipulated period, Secretary, Industrial Development, Uttarakhand shall look into the matter and take appropriate decision, in accordance with law, within a period of eight weeks from the date of receipt of representation alongwith certified copy of this order. While taking decision in the matter, the

Secretary, Industrial Development, Uttarakhand shall also give opportunity of hearing to the District Mining Officer.

(MANOJ KUMAR TIWARI, J.) Rajni