- (1.)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.
(2.)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 kidly be allowed with cost and the order dated 11.9.2012 (Annexure-11) may kindly be quashed and set aside, further consequential orders/letters/ proceedings may also be set aside pursuant to the order dated 11.9.2012, the respondents may also be set aside pursuant to the order dated 11.9.2012, 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.

(3.)A bare perusal of order Annex.10 dated 14.08.2012 shows that such FDR No.709254 dated 20.03.2010 of Rs.2,75,000.00 and FDR No.710315 dated 03.03.2010 of Rs.1,14,000.00, total Rs.3,89,000.00 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.