M/S. Rana Construction and Engineers Pvt. Ltd. v. Sri Rajesh Kemprai and Anr.

Gauhati HC25 Aug 2026Cont.Cas(C)/388/2018

Case brief

AI extract

What is this about?

In a batch of contempt applications alleging non-refund of forest royalty deducted by PWD, the bench dropped proceedings prima facie due to PWD officials' lack of power to refund. The court directed PWD to provide deduction details to the Forest Department and reserved the right to hear the matter again if refund fails within six months.

What did the court decide?

Court drops contempt applications and directs respondents to provide deduction details to the Forest Department within 45 days.

M/S. Rana Construction and Engineers Pvt… — Contract and Commercial Disputes | Gauhati HC (2026)

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GAHC010150952018

2026:GAU-AS:12476

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/385/2018

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M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.

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SURAJ COMPLEX, ULUBARI CHARIALI, KAMRUP (M), GUWAHATI-781007, ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN, S/O. ALHAZ RAHMAN ALI, R/O. HOUSE NO. 62, RAHMAN MANSION, SOUTH SARANIA, P.O. ULUBAI, DIST. KAMRUP (M), ASSAM, GUWAHATI-781007.

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VERSUS

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AJIT KAKATI AND 2 ORS.

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SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPTT., DISPUR, GUWAHATI-781006.

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2:DIBYAJYOTI SAHARIA

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CHIEF ENGINEER PUBLIC WORKS DEPTT. PMGSY WORKS CHANDMARI GUWAHATI-781003.

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3:jAYANTA KUMAR GOSWAMI CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(BORDER ROADS) CHANDMARI GUWAHATI-78100

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Advocate for the Petitioner : MR. K N CHOUDHURY, MR. B K KASHYAP,MR. D J DEKA,MR D DEKA

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Advocate for the Respondent : MR. T C CHUTIA (R2, R3), ADDL. AG,ASSAM,MR. P N GOSWAMI,MR D K ROY (R2, R3),MS. N DAS (R2, R3),MS. I KAKATI (R2, R3)

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Page No.# 2/17

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Linked Case : Cont.Cas(C)/288/2023

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M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M) ASSAM GUWAHATI-781007 VERSUS BISHNU PRASAD BORAH EXECUTIVE ENGINEER PWD RANGIA NH DIVISION KAMRUP ASSAM PIN-784354

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D NATH appearing for BISHNU PRASAD BORAH

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Linked Case : Cont.Cas(C)/287/2023

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M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007

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Page No.# 3/17

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ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M) ASSAM GUWAHATI-781007 VERSUS MRIDUL DAS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) JALUKBARI AND HAJO TERRITORIAL ROAD DIVISION GUWAHATI-781031

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. R DHAR(R-1) appearing for MRIDUL DAS

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Linked Case : Cont.Cas(C)/386/2018

Page No.# 4/17

VERSUS

SRI RAJESH KEMPRAI AND ORS. COMM. AND SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPTT. DISPUR GHY-6 2:SRI DIBYAJYOTI SAHARIA CHIEF ENGINEER PUBLIC WORKS DEPTT. (BORDER ROADS AND NEC WORKS) CHANDMARI GHY-3 3:SANJIV SHYAM THE CHIEF ENGINEER PWD (ROADS) CHANDMARI GUWAHATI-781003 ASSAM. -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. T C CHUTIA(R1 2) appearing for SRI RAJESH KEMPRAI AND ORS.

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Linked Case : Cont.Cas(C)/303/2023

VERSUS

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MUKUT KAKATI EXECUTIVE ENGINEER PWD SIPAJAHR AND KALAIGAON TERRITORIAL ROAD DIVISION DARRANG ASSAM PIN-784125

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. B GOGOI (R-1) appearing for MUKUT KAKATI

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Linked Case : Cont.Cas(C)/392/2018 M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP(M) GUWAHATI- 781007 ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN S/O- ALHAZ RAHMAN ALI R/O- H NO. 62 RAHMAN MANSION SOUTH SARANIA P.O- ULUBARI DIST- KAMRUP(M) ASSAM GUWAHATI- 781007 VERSUS RAJESH KEMPRAI AND ORS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS (ROADS) DEPTT DISPUR GUWAHATI- 781006 2:AJIT KAKATI CHIEF ENGINEER PWD (ROADS) CHANDMARI GUWAHATI- 781003

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Page No.# 6/17

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3:SRI SANJIV SHYAM CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI-781003. -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D SAIKIA(R1 2) appearing for RAJESH KEMPRAI AND ORS

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Linked Case : Cont.Cas(C)/285/2023 M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M) ASSAM GUWAHATI-781007 VERSUS KALYAN KUMAR SARMA EXECUTIVE ENGINEER PWD NH DIVISION FANCY BAZAR KAMRUP (M) ASSAM PIN-781001

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : appearing for KALYAN KUMAR SARMA

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Page No.# 7/17

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Linked Case : Cont.Cas(C)/390/2018 M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP(METRO) GUWAHATI- 781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN SON OF ALHAZ RAHMAN ALI RESIDENT OF HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O. ULUBAI DIST. KAMRUP(M) ASSAM GUWAHATI- 781007. VERSUS RAJESH KEMPRAI AND ORS. COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPTT. DISPUR GUWAHATI- 781006 2:AJIT KAKATI CHIEF ENGINEER PUBLIC WORKS DEPTT. (ROADS) CHANDMARI GUWAHATI- 781003. 3:SRI JAYANTA KUMAR GOSWAMI CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(ROADS) CHANDMARI GUWAHATI-781003 -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D SAIKIA (R1 R2) appearing for RAJESH KEMPRAI AND ORS.

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Linked Case : Cont.Cas(C)/387/2018

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Page No.# 8/17

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M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GHY-7 ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN S/O- ALHAZ RAHMAN ALI R/O- H.NO. 62 RAHMAN MANSION SOUTH SARANIA P.O. ULUBARI DIST- KAMRUP (M) ASSAM GHY-7 VERSUS SRI RAJESH KEMPRAI AND ORS COMM. AND SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPTT. DISPUR GHY-6 2:SRI AJIT KAKATI CHIEF ENGINEER PUBLIC WORKS DEPTT. (ROADS) CHANDMARI GHY-3 3:SRI SANJIV SHYAM CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI-781003. -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D SAIKIA (R1 2) appearing for SRI RAJESH KEMPRAI AND ORS

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Linked Case : Cont.Cas(C)/284/2023

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M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI

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Page No.# 9/17

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KAMRUP (M) GUWAHATI-781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M) ASSAM GUWAHATI-781007 VERSUS MRIDUL DAS EXECUTIVE ENGINEER PWD JALUKBARI AND HAJO TERRITORIAL ROAD DIVISION KAMRUP ASSAM PIN-781031 -----------Advocate for : MR. K N CHOUDHURY Advocate for : appearing for MRIDUL DAS Linked Case : Cont.Cas(C)/283/2023 M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M)

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Page No.# 10/17

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ASSAM GUWAHATI-781007

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VERSUS BULU RANJAN DEKA EXECUTIVE ENGINEER PWD ROADS DISPUR TERRITORIAL ROAD DIVISION KAMRUP (M) ASSAM PIN-781021

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : appearing for BULU RANJAN DEKA

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Linked Case : Cont.Cas(C)/388/2018

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Page No.# 11/17

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2:SRI DIBYAJYOTI SAHARIA CHIEF ENGINEER PUBLIC WORKS DEPTT. (BORDER ROADS AND NEC WORKS) CHANDMARI GHY-3 3:SRI JAYANTA KUMAR GOSWAMI CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(BORDER ROADS) CAHNDMARI GUWAHATI-781003 -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D SAIKIA (R1 R2) appearing for SRI RAJESH KEMPRAI AND ANR. Linked Case : Cont.Cas(C)/286/2023 M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN AGED ABOUT 51 YEARS S/O ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O.-ULUBARI DIST-KAMRUP (M) ASSAM GUWAHATI-781007 VERSUS STRUCK OFF EXECUTIVE ENGINEER PWD NORTH KAMRUP TERRITORIAL ROAD DIVISION RANGIA KAMRUP ASSAM PIN-781354

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Page No.# 12/17

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-----------Advocate for : MR. K N CHOUDHURY Advocate for : MS M DAS appearing for STRUCK OFF

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Linked Case : Cont.Cas(C)/411/2018 M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD SURAJ COMPLEX ULUBARI CHARIALI KAMRUP(METRO) GUWAHATI- 781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN 43 YEARS SON OF ALHAZ RAHMAN ALI RESIDENT OF HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O. ULUBARI GUWAHATI- 781007.

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VERSUS AJIT KAKATI AND ANR CHIEF ENGINEER PUBLIC WORKS DEPTT. (ROADS) CHANDMARI GUWAHATI- 781003.

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2:Sri SANJIV SHYAM CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(ROADS) CHANDMARI GUWAHATI-781003 -----------Advocate for : MR. K N CHOUDHURY Advocate for : MR. D SAIKIA appearing for AJIT KAKATI AND ANR

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Linked Case : Cont.Cas(C)/389/2018 M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.

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Page No.# 13/17

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SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (M) GUWAHATI-781007 ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN S/O. ALHAZ RAHMAN ALI R/O. HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O. ULUBAI DIST. KAMRUP (M) ASSAM GUWAHATI-781007. VERSUS AJIT KAKATI AND 3 ORS. SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPTT. DISPUR GUWAHATI-781006. 2:DIBYAJYOTI SAHARIA CHIEF ENGINEER PUBLIC WORKS DEPTT. PMGSY WORKS CHANDMARI GUWAHATI-781003. 3:DEBESH CHAKRABORTY

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EXECUTIVE ENGINEERS WPD NALBARI RURAL ROAD DIVISION NALBARI ASSAM.

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4:SRI JAYANTA KUMAR GOSWAMI CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(ROADS) CHANDMARI GUWAHATI-781003 ------------

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Page No.# 14/17

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For the Petitioner(s) : Mr. R.M. Deka, Advocate

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For the Respondent(s) : Mr. B. Gogoi, Advocate Mr. R.R. Gogoi, Standing Counsel

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 26.08.2026

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Heard Mr. R.M. Deka, the learned counsel appearing on behalf of the petitioner in the present batch of contempt applications. Mr. B. Gogoi, the learned counsel appears on behalf of the respondents in the various contempt applications and Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of the Forest Department of the Government of Assam.

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The present batch of contempt applications arises out of various orders passed by the learned Coordinate Benches of this Court holding inter alia that the deduction of forest royalty by the PWD was not permissible and accordingly, directing the PWD to take steps for refund of the said amounts deducted within the period mentioned in the said orders.

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The petitioner herein who has filed this batch of contempt applications has alleged that there has been a willful and deliberate violation of the various orders passed by this Court

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Page No.# 15/17

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thereby resulting in non-refund of the forest royalty which was deducted from the petitioner by the PWD.

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Mr. B. Gogoi, the learned counsel appearing on behalf of the officials of the PWD submitted that the deductions of forest royalty were carried out on the basis of Rule 5 of the Assam Minor Minerals Concession Rules, 2013 and thereupon the said amounts were deposited under the Head of Account of the Forest Department. The learned counsel, therefore, submitted that though the PWD can only provide details as regards the amounts of deduction which were carried out for the purpose of refund and deposited in the respective Head of Account of the Forest Department, but the refund has to be made by the Forest Department.

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This Court takes note of the order passed by the learned Coordinate Bench of this Court dated 18.02.2026 whereby the Forest Department of the Government of Assam was roped in the present proceedings to obtain instructions as to why the Forest Department has not refunded the dues to which the petitioner is entitled on account of the refund. It may not be out of place to mention herein that the Forest Department was not made parties in the writ proceedings.

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Mr. R.R. Gogoi, the learned Standing Counsel for the Forest

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Page No.# 16/17

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Department submitted that the deduction on account of forest royalty carried out by the PWD is not limited to the present batch of proceedings. The learned Standing Counsel further submitted that upon the deductions being carried out by the PWD, the same were deposited under the Head of Account of the Forest Department and necessary verifications are still being carried out. The learned Standing Counsel on instructions submitted that upon necessary verification being carried out, the Forest Department would refund the amount to the petitioner to which the petitioner is entitled. The learned Standing Counsel further submitted that the respondents in the present batch of proceedings should also provide the amounts so deducted against each contract entered with the petitioner along with details of deposit in the Treasury so that the date of deposit and under which Head of Account of the Forest Department, it was deposited can be ascertained and verified.

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Taking into account the issues involved in the present batch of contempt applications, it is the opinion of this Court that the officials of the PWD cannot be held to be in willful or deliberate violation of the orders passed by the learned Coordinate Benches of this Court in the various writ petitions, inasmuch as it is beyond the capacity of the officials of the PWD to refund the said amount, as the said amounts are lying with the Forest

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Department.

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Considering the above, this Court, therefore, drops the present batch of contempt applications.

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This Court, however, directs the respondents herein to provide an accurate list to the Forest Department of the amounts so deducted from the petitioner which are the subject matter of the present contempt applications. The respondents shall also provide the date of deposit by Treasury Challan and under which Head of Account of the Forest Department. The same be done within 45 days from today.

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This Court observes that the contempt proceedings have been dropped on an assurance given by the Forest Department that upon due verification, the amounts to which the petitioner is entitled on account of refund would be paid.

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Considering the above, it is, therefore, observed that the closure of the present contempt applications shall not prejudice or preclude the petitioner from again approaching this Court by filing proceedings under Article 226 of the Constitution, in the circumstance that the amounts entitled to be refunded are not refunded to the petitioner by the Forest Department within a period of six months from today.

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JUDGE

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Comparing Assistant

M/S. Rana Construction and Engineers Pvt. Ltd. v. Sri Rajesh Kemprai and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Rana Construction and Engineers Pvt. Ltd. v. Sri Rajesh Kemprai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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