UPADHYAY AND COMPANY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Delay condoned.

(2.) Shashtri Bridge at Allahabad runs across River Ganga. Motor vehicles plying on National Highway No. 2 and passing through the said bridge have to pay toll charges. The bridge is named after Lal Bahadur Shashtri, former Prime Minister of India who is well remembered for his honesty and simplicity. River Ganga is adored in India with reverence in the belief that her holy water cleanses the believers of their sins. Ironically, that brridge built across that river was used by the petitioner as a means to amass wealth dishonestly. Unfortunately, such unwholesome conduct was facilitated on account of certain orders passed by the Allahabad High Court. Petitioner, who flourished in the aforesaid wealth having been insulated with the Court orders against any outside interference for a long time, could not continue preening in such opulence as he was caught in the meanwhile. He is now being asked to return the ill-gotten wealth. Strategy of subterfuge played by him even thereafter did not work for long and he is now facing stringent measures for recovery of the booty.

(3.) Initially petitioner was allowed to collect the toll at specified rates for a period of one year which expired on 23-3-1991. For a succeeding period of three years petitioner competed with other bidders in a public auction. When his bid was not accepted by the authorities he filed Writ Petition No. 32974 of 1991 before the Allahabad High Court and got an interim order by which he was permitted to continue to collect toll charges from vehicles passing over the bridge. By a notification issued by the Government of India on 19-2-1992 the rates of toll were raised. The idea then dawned on the petitioner to take advantage of the enhanced rates. He then filed another Writ Petition (WP No. 22439/92) praying for permitting him to collect toll at the revised rates. A single Judge (Mr. Justice A.P. Singh) before whom the said writ petition came up for admission passed an extraordinary order which reads thus: