Dilip Singh Shakatwat vs State of Rajasthan and Others

Vineet Kothari, J.—Mr. R.K. Soni, learned standing counsel for Mining Department is present in Court, is directed to accept notice on behalf of respondents. Copy of writ petition may be supplied to him during the course of day. By way of present writ petition, the petitioner has sought following relief:

It is, therefore, most humbly prayed that by an appropriate writ, order or direction the writ petition filed by the petitioner may kindly be allowed with cost and the order dt. 11.09.2012 (Annexure-11) may kindly be quashed and set aside, further consequential orders/letters/proceedings may also be set aside pursuant to the order dt. 11.09.2012, the respondents may also be set aside pursuant to the order dt. 11.09.2012, the respondents may kindly be directed to make available has been shown due and has been adjusted by taking the Fixed Deposit Receipts of the petitioner, pledged with them, and amount is excess with them then same may be refunded with interest to the petitioner.

Mr. Arjun Purohit, learned counsel for the petitioner submits that the additional dues of the contract amount, which contract was given to him for collection of royalty for the period 01.04.2010 to 31.03.2012, has now been issued by the respondent - Mining Department on account of increase of rate of royalty but the same deserves to be adjusted against the FDR/s already given by way of security to the Department.

A bare perusal of order Annex. 10 dt. 14.08.2012 shows that such FDR No. 709254 dt. 20.03.2010 of Rs. 2,75,000/- and FDR No. 710315 dt. 03.03.2010 of Rs. 1,14,000/-, total Rs. 3,89,000/- have already been adjusted by the respondent-Mining Department but learned counsel for the petitioner submits, that there were more FDR(s) for such security lying with the respondent Mining Department, however, they have not been adjusted and the respondent - Mining Department is insisting upon the payment in cash of such difference amount. There is no dispute on the fact that difference amount of contracted sum is due to be paid by the petitioner since as per the terms of the contract increased amount was payable upon increase in the rate of royalty.

Having heard learned counsel for the petitioner and upon perusal of order dt. 14.08.2012 (Annex. 10), this Court is of the opinion that a writ cannot be issued for the said purpose of merely seeking such adjustment of FDR/s, and the petitioner is free to approach the respondent, Mining Engineer, Sojat City for ascertaining the net amount due for adjustment of security amount, already lying deposited by way of FDR/s with the respondent - Department. Since the amount of different amount is being demanded on account of increase in the rate of royalty, which was the contractual term, already existing in the contract itself, and which is not disputed, there is no cause of action to the petitioner to approach this Court under Art. 226 of the Constitution of India. In view of above, the present writ petition is disposed of and the petitioner is relegated back to first approach the respondent - Mining Department by submitting a representation and give details of such other FDR/s already deposited and to be adjusted against the dues of the Department; and the respondents are expected to pass appropriate order for adjustment of amount due to the Department. If after such adjustment, still there are some dues, the petitioner would pay the same immediately. No costs. A copy of this order be sent to the respondents forthwith.