PRITHVI RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. Counter affidavit and rejoinder affidavits have been exchanged. Parties are agreed that the petition be disposed of finally as the matter is of urgency.

(2.) WE have heard learned Counsel for the Petitioner and the learned Counsel for the Respondents including the learned Chief Standing Counsel.

(3.) THE dispute in the present petition "is in regard to collection of tolls in respect of bridge known as Sanjay Setu situate over Betwa river in district Hamirpur at kilometer 65 a Kanpur -Hamirpur -Kabrai road. On 19 -6 -1990 auction notice was issued for holding auction of the right to collect tolls in respect of the said bridge, on 31 -7 -1990 auction was held. Petitioner, Prithvi Raj Singh was the highest bidder for the same for Rs. 2,15,000/ - for a period of one year. The second bidder was Munindra Nath Upadhyaya, who is Respondent No. 3 in the present petition. His bid was for Rs. 2,13,000/ - on 10 -8 -1990 the Executive Engineer, Public Works Department, Hamirpur recommended to the Commissioner, Jhansi Division, Jhansi for accepting the bid of the Petitioner, Prithvi Raj Singh. In this recommendation it is clearly stated that the Petitioner 's bid was highest. He has completed all the formalities and consequently his bid may be accepted.