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Judgment
Shantanu Kemkar, J.—The petitioner claims to be registered Government Contractor. He undertakes construction work on the basis of work orders issued by the respondents. The grievance of the petitioner is that the respondents are not finalizing their bills on the ground that they have not produced "no objection certificate" from the Collector concerned, with regard to the payment of on the material consumed for the work contract.
The contention of the petitioner is that insistence of production of "no objection certificate" by the respondents from Mining Department is contrary to the judgment passed by this Court in the case of M.P. Contractors Sangh, Indore and Others Vs. State of M.P. and Others, . It is further contended that following the said Division Bench Judgment of this Court, number of petitions have already been decided including Keti Construction Limited Vs. State of M.P. and Others,
It has not been disputed by learned counsel for the respondents that the question involved in this petition is covered by the aforesaid judgments.
Accordingly, this petition is disposed of with a liberty to the petitioner to approach the respondents for settling its claim and in case the petitioner approach the respondents, appropriate steps for settling the claim shall be taken by the respondents keeping in view the law laid down by the Division Bench in the case of M.P. Contractors Sangh (supra).
It is also made clear that in case any amount of royalty has already been deducted for mineral consumed, it shall be refunded to the petitioner subject to its giving undertaking that it had purchased minerals used in construction work from open market. With the aforesaid direction, this petition stands finally disposed of.