- (1.) THE appellant is a developer and promoter of the house -buildings and is engaged in constructing residential and commercial housing complex. In exercise of power under Rule 40 of Bihar Minor Mineral Concession Rules, 1972, the Assistant Mining Officer, Jamshedpur, vide letter dated 16.8.2000, directed the appellant to produce necessary papers, including, transportation challan, failing which total amount of royalty and penalty calculated in the said letter would be realised by certificate proceeding.
(2.) AGAINST the said order, appellant moved this Court in CWJC No. 3364 of 2000 (R). The respondents filed counter affidavit stating, inter alia, therein that the appellant while making construction of building illegally transported the minor minerals and consumed the same for which the State was put in loss and therefore, the respondent demanded the transport challans only to verify as to whether the materials used in the constructions, royalty has been paid or not.
(3.) THE writ application was disposed of by the learned Single Judge on 3.1.2002. The order of the respondent No. 4, contained in Memo No. 973, dated 16.8.2000, relating to demand of royalty was quashed and the appellant was directed to satisfy the authorities by production of challans and other documents that they used or shall use the minor mineral after purchasing the same from the persons authorised under law and royalty in respect of such minerals was paid to the Government. Aggrieved by the aforesaid direction the appellant has preferred the present appeal. Sub -rule 10 of Rule 40 authorise the Government to ask the works contractor to send photocopy in Form 'M" of the rules in respect of purchase of those materials for verification. The explanation attached to the said Rule defined 'works contractor' an individual, a firm, a company, an association or body of the individuals, who under an agreement, with the Works Department, work for the said department.;