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Raja Bhaiya Singh v. State of U.P. Thru' Secy. & Others - WRIT - C No. 38349 of 2005  RD-AH 1313 (11 May 2005)
Court No. 36
Civil Misc. Writ Petiton No. 38349 of 2005
Raja Bhaiya Singh Versus State of U.P. & others
Hon'ble S. Harkauli, J
Hon'ble G.P. Srivastava, J
According to the petitioner he is a contractor and for the purpose of executing his contract he purchases and consumes minor minerals from the market. According to the petitioner he himself does not do any excavation work of any; minor mineral. Royalty is payable on excavation and not consumption of minor minerals. Therefore, the Standing Counsel representing respondents No. 1 and 2 and Sri Ajai Singh representing respondents No. 4 and 5 may file counter affidavit within six weeks. List thereafter along with writ petitions No. 6644 of 2004 and 9794 of 2004.
Meanwhile till furthers no royalty will be realized from the petitioner in respect of any minor mineral which is not excavated by him. This order will not be interpreted to mean that the petitioner can transport minor minerals without Form M.M.11.
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