LAWS(ALL)-2010-1-17

VINAY KUMAR PANDEY Vs. UNION OF INDIA

Decided On January 28, 2010
VINAY KUMAR PANDEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the auction notice dated 3rd of December, 2009 (Annexure No. 4) issued by the Executive Engineer, Public Works Department, Varanasi.

(2.) Short facts giving rise to the present writ petition are that a Bridge exists over river SAI on National Highway No. 56 at Jalalpur in the district of Jaunpur. Executive Engineer, Public Works Department issued notice for settlement of the right to collect toll over the aforesaid Bridge, by public auction on 5th of January, 2010.

(3.) Petitioner has challenged the aforesaid auction notice on the ground that the Bridge situated over river SAI at National Highway No. 56 belongs to the Union Government and therefore, the Executive Engineer, Public Works Department, a functionary of the State Government, has no right to issue any pubic notice for settlement of right to collect toll.