IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.12685 OF 2019 (GM-MM-S) BETWEEN:
M.S. KUMAR S/O S.R. GUPTHA AGED 53 YEARS CLASS-I CONTRACTOR R/O 913, OPP TO CANARA BANK K.B. EXTENSION, DAVANAGERE AT PO DAVANAGERE DISTRICT – 577 002.
... PETITIONER (BY SRI BASAVARAJAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES (MINES) M.S. BUILDING BENGALURU – 560 001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF ENERGY VIKAS SOUDHA, BENGALURU – 560 001.
... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO COLLECT THE ROYALTY FROM THE BILLS OF THE PETITIONER AND FURTHER DIRECT THEM TO REFUND THE ROYALTY WHICH WAS ILLEGALLY COLLECTED BY DEDUCTING THE SAME IN THE BILLS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER This petition is filed seeking a direction to the respondents not to collect royalty from the bills of the petitioner and a further direction to refund the royalty which was illegally collected by deducting the same in the bills.
2. The petitioner claims to be a civil contractor carrying out civil works of Government offices and other agencies. The petitioner submits that he does not own any quarry and purchased construction materials from the quarry owners or lease holders and therefore, he is exempted from payment of royalty. However, the respondents have illegally deducted royalty from the work bills. The petitioner made representations as per Annexures – C and D to the respondents for refund of royalty which was collected from the running bills.
3. Learned Additional Government Advocate appearing for the respondents submits that the request made by the petitioner shall be considered by the respondents and appropriate orders would be passed.
4. In the light of the submission made by the learned Additional Government Advocate, this petition is disposed of, directing the petitioner to make a fresh representation to the respondents along with necessary materials. If such a representation is filed within a period of four weeks, the respondents shall consider the same and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of petitioner’s representation.
It is further directed that while considering the representation, if the respondents are of the opinion that the petitioner is entitled for refund of royalty, then steps shall be taken for refund of the same.
This petition is disposed of with above directions. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca