M/S. B.K. SINHA AND R.K. SINHA Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) In both the writ petitions the same question of law is involved and with the consent of the Learned Counsels appearing on behalf of both the parties, these two writ petitions have been heard together and are being disposed of by this common judgment. In C. W. J. C. No. 69 of 1987 the petitioner has asked for issuance of a writ of or in the nature of mandamus directing the respondents to refund the amount of royalty deducted from the petitioner as evidenced by Annexure -2 series.

(2.) In C. W. J. C. 1369/87 the petitioner has prayed for issuance of a writ of or in the nature of mandamus directing the respondents to abide by the decision of this Court in the case of Dayanand Prasad Sinha & Co. v/s. The State of Bihar and others disposed of on 31.8.84 and further for at appropriate writ directing the respondents not to deduct any royalty and cess on the consumption of minor minerals for execution of the contract by the petitioner.

(3.) In the first case it is alleged that the petitioner has been working as a contractor in the Indian Oil Corporation Ltd. The authorities of the State of Bihar In purported exercise of their powers conferred upon them under rule 26 of the Bihar Minor Mineral Concession Rules, 1972 directed that royalty and cess payable to the State of Bihar be deducted from the bills of the petitioner for reimbursement to the State. The order in respect of royalty and cess payable to the State of Bihar was allegedly passed on the ground that the petitioner is responsible to pay the same as such minor mineral is used by it.