To

The Executive Engineer,

……..

Sub: Reimbursement of Rs. 12,07,593/- on account of excess deduction of

royalty from our R/A Bills arising out of the work “MV-126 to Potel
Road (Part-III) …….…”.

Ref: (i) Order of Hon’ble High Court dtd. 22.11.2006 passed in W.P. (C)
No. 4246 of 2005.

(ii) Order of Hon’ble High Court dtd. 18.03.2015 passed in W.P.(c)

No.11830 of 2013.

Dear Sir,

We would like to draw your kind attention to the following facts for
consideration and necessary action:-

1. That, we had participated in the bid for the above stated work, and
pursuant to being adjudges as the lowest technically successful
bidder; an agreement dtd……………; was signed between us. We had
bid for the said work; taking into consideration the Orissa Minor
Mineral Concession Rules, 2004 as well as the judgment of the
Hon’ble Court of Orissa, in W.P.(c) No.11830 of 2013.

2. That, the aforementioned work was awarded to us on dtd. ……………

and pursuant to such agreement, we have completed the work in all
respect. It is pertinent to state here that your good office has deducted
excess amount of royalty of Rs. 12,07,593/- from our running account
bills in violation of OMMC Rules, 2004 as well as OMMC Rules,2016.

3. But pursuant to execution, we found that your good office went ahead
with deducting the Royalty at a higher rate. Upon enquiry, we found
that you had rested your claim of deducting on Odisha Minor Mineral
Concession Rules, 2016. In plethora of cases, the Hon’ble High Court
of Orissa has settled the above issue wherein, the Hon’ble Court has
been pleased to pass the following order:

“In view of the above, the writ petition is disposed of in terms

of the judgment passed in Akuli Charan Das, (supra), and
 accordingly we direct that in the event the petitioner, with
regard to the grievance made in this petition, files a
comprehensive representation before appropriate authority
attaching running account bills along with copy of this order
annexing therewith the judgement of this Court in the case
of Akuli Charan Das (supra) within four weeks hence, the
same shall be considered and decided by the authority
concerned by a reasoned and speaking order as expeditiously
as possible preferably within a period of four months from the
date of filling of such representation.
It is further directed that in case the petitioner is
found to be entitled for refund of any amount, the same shall
be refunded to the petitioner within six weeks from the date of
passing of the order or adjust the refundable amount against
any ongoing/completed projects that they may be
undertaking if the petitioner may opt for.
(Copy of the above order is annexed herewith as Annexure-1)

4. That, in view of the aforesaid Judgment, we are entitled of

Rs.12,07,593/- being the excess amount deducted by your good office in
violation of the above settle position of law. In compliance to the above
noted order, we are submitting the computation statement, indicating the
excess deduction from the bills made by your good office along with the
judgement of Akuli charan Das vs State of Orissa and Rohit Kumar
Das Construction Pvt. Ltd. vs. State of Orissa and Ors. It is also
apposite to state here that, we have prepared the statement in view of the
ratio of the Akuli Charan Das judgement read with the Judgment of the
High Court of Orissa in W.P.(c) No. 11830 of 2013. Hence, we are entitled
for refund of Rs. 12,07,593/- on account of excess deduction of royalty.
(Copy of the statement is annexed herewith as Annexure-2)
(Copy of the judgements is annexed herewith as Annexure-3 Series)

In view of the foregoing, we request your good office to release the

excess deducted royalty amount as indicated under annexure-2 within a
period of six weeks of receipt of this letter, for which we shall be highly
obliged.

Thanking you,

Yours Faithfully

Authorized Signatory
 (BMS)

Encl:-

1. Copy of the order dtd.17.11.2020

2. Copy of the statement.

3. Copy of the judgement passed in Akuli Charan Das vs State of Orissa

in W.P. (C) No. 4246 of 2005 and Rohit Kumar Das Construction Pvt.
Ltd. vs. State of Orissa and Ors in W.P. (C) No.11830 of 2013.

Copy to:

Chief Engineer……………………………….