- (1.) PETITIONERS , who are five in number before this Court have filed present writ petition for following relief: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to make payment of the petitioners for the earth work on the deduction of Rs. 9/ - per cubic meter as royalty as per the DPR/Estimate (Annexure No. 3A to the writ petition) (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to charge the royalty for the earth work while making the payment to the petitioners at the rate of Rs. 14/ - per cubic meter contrary to their own DPR/Estimate (Annexure No. 3A to the writ petition) which term for the deduction of royalty in case of earth work at the rate of Rs. 9 per cubic meter. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to act in accordance with law and not to charge any excess amount of royalty in the earth work from the petitioners contrary to their own DPR/Estimate existing at the time of floating the tender and accepting the tender and executing an agreement for construction work; and (iv) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case."
(2.) PETITIONERS claim that they are Class 'A' contractors registered in Public Works Department. All of them are engaged in a contract work, particularly, the road construction under the U.P. Public Works Department. Petitioners submit that tender was floated for the different road construction under the Pradhan Mantri Gram Sadak Yojana by the Public Works Department. Petitioners submit that as far as Allahabad District is concerned tender was floated by the Superintending Engineer, Pradhan Mantri Gram Sadak Yojana (PMGSY) Circle, Public Works Department, Allahabad, respondent no. 4 for the scheme Pradhan Mantri Gram Sadak Yojana (PMGSY) on 01.12.2012. The last date of submitting the tender was 15.01.2013. All the petitioners in pursuance of the tender notice for the different packages submitted their tender till 15.01.2013. Petitioner no. 1 submitted the tender for Package No. UP -03113, petitioner no. 2 submitted the tender for Package No. UP -03114, petitioner no. 3 submitted the tender for Package No. UP -03112, petitioner no. 4 submitted the tender for Package No. UP -03107 and petitioner no. 5 submitted the tender for Package No. UP -03110. Petitioners have proceeded to mention that the constructions work that has been mentioned in the Tender Notice dated 01.12.2012 qua the same respondents have prepared Detail Project Report (DPR/Estimate Cost of the works). Petitioners have proceeded to mention that in the said DPR/Estimate Item No. 301.5 in the head of additional royalty charge on the earth work was disclosed at the rate of Rs. 9/ - per cubic meter. Petitioners have further proceeded to mention that based on the said Detail Project Report and as per the rate that has been prescribed they have proceeded to fill up the tender form and they have also proceeded to complete constructions work without any complaint.
(3.) PETITIONERS have stated that at the point of time of ensuring payment in lieu of construction having been completed petitioners have been informed that for the earth work the royalty would be deducted at the rate of Rs. 14/ - per cubic meter in place of Rs. 9/ - per cubic meter. This has impelled the petitioners to be before this Court complaining therein that demand that has been so made is illegal and petitioners ought to have been made aware of the change of rate of royalty at the point of time when contract in question have been given to them as such demand made is illegal and respondents be directed to deduct royalty at the rate of Rs. 9 per cubic meter keeping in view the Detail Project Report/Estimate. To the said writ petition counter affidavit has been filed and thereafter this much has been accepted that Detail Project Report relating to the agreement was sent to Mukhya Karyapalak Adhikari, U.P Gramin Sadak Vikas Abhikarn, Lucknow on 23.07.2012 and it has been submitted that at the said point of time deduction of the royalty was prescribed as Rs. 9/ - per cubic meter. It has also been mentioned that on the date when Detail Project Report has been submitted rate of royalty was fixed as Rs. 9/ - per cubic meter and thereafter by means of amendment same has been enhanced to Rs. 14/ - per cubic meter and as per Paragraph 41.1 of the bidding document petitioners have to pay the same and cannot escape from the said responsibility. It has also been stated once State Government has enhanced the rate of royalty from Rs. 9/ - per cubic meter to Rs. 14/ - per cubic meter then it has to be deducted at the same rate.;