COURT OF JHARKHAND AT RANCHI [Civil Writ…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI [Civil Writ Jurisdiction] W.P.(C ) No. 3241 of 2020
M/s Royal Infraconstru Ltd.
.... .. ... Petitioner(s)
Versus
East Central Railway & Anr.
.. ... ...Respondent(s)
CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioner : Mr. Vikash Pandey, Advocate For the respondent/ECR : Mr. Gautam Rakesh, Advocate For the respondent- State : Mr. Deepankar, AC to AG
04/ 10.03.2022 . Heard, learned counsel for the parties.
Mr. Vikash Pandey, learned counsel for the petitioner has submitted that petitioner [M/s Royal Infraconstru Ltd.] has preferred the instant Writ Petition for direction upon the Respondent- East Central Railways to immediately refund an amount of Rs.1,40,94,126/- as deducted from the running account bills, raised on account of royalty for construction of Balance work of Minor Bridges, Return Wall/ Toe Wall/ Catch Water (near the Toe and bank) & Side drains/ Cross drains, Shortcreting, Rock Bolting, Earthwork in cutting (Upto the toe of cutting), filling removal of loose boulders/ rock from the entire cutting slope, land boundary pillars all jurisdiction boards and other left over associated works in between KMS 165.474 To KM 167.800 in connection with construction of New B.G. Railway line from Barkakana to Ranchi.
Mr. Vikash Pandey, learned counsel for the petitioner has further submitted that similar matter came up before this Hon'ble Court vide W.P.(C) No.4797 of 2015 which was heard and disposed of by the Co-ordinate Bench of this Court with a liberty to the petitioner to raise the claim for refund before the respondent- M/S RITES Ltd.,, who in turn, shall represent the respondent no.4 for refund of the excess amount deposited by it with the State Government after realizing the same from the petitioner. The respondent no.4 was further directed to take up the said representation and to pass appropriate order after calling for the relevant records within a period of 10 (ten) weeks from the date of filing of such representation before him and if any amount, is found refundable, the follow up action shall be taken by the respondent no.4 and M/s RITES Ltd. for refund of the said amount to the petitioner.
Mr. Gautam Rakesh, learned counsel appearing for the respondent- Railway and Mr. Deepankar, learned AC to AG have submitted that they have no objection, if such liberty is granted to the petitioner.
Be that as it may, if the petitioner files such representation before the concerned authority, the concerned authority after due verification taking into
-2-
account all the procedures and documents submitted by the petitioner shall pass a reasonable order, preferably within a period of three weeks from the date of filing of such representation after giving an opportunity to the petitioner also.
Accordingly, the instant Writ Petition stands disposed of.
However, it is made clear that this Court has not adjudicated the instant Writ Petition on merits rather on the prayer of the petitioner to prefer a representation, such order is being passed.
( Kailash Prasad Deo, J. )
Sandeep/
M/s Royal Infraconstru Ltd.
East Central Railway
KAILASH PRASAD DEO
As recorded by the court registry
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