SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Executive Engineer, Temporary Division, P.W.D. Dhatapur district Bijnor issued a notice on 25-5-1992 for settlement of the right to collect toll for a period of three years over bridge Pili-Setu, situate on Jaspur-Dhampur road, by means of public auction to be held on 18-7-1992. Auction was held as per schedule and it was closed in favour of the petitioner, whose bid was the highest at the rate of Rs. 1,08,000/- per year. The Commissioner of the Division, who is entitled to accept or reject the bid, curtailed the period of the settlement/contract for collection of the toll from three years to less than one year, inasmuch as the petitioner was given right to collect the toll from 1-11-1992 to 31-3-1993. The petitioner represented against the curtailment of the period and no action having been taken by the Respondents on his representation, he filed this writ petition for writ of mandamus, so as to enable him to collect toll over the bridge in question for full period of three years in pursuance of the auction notice.

(2.) Respondents have filed counter affidavit, and the petitioner has filed rejoinder affidavit in reply thereto. We have heard learned Counsel for the parties.

(3.) Grievance of the petitioner, as raised through his learned Counsel, is that as the notice was issued for settlement of rights to collect toll for a period of three years by public auction and as the petitioner has offered bid taking into consideration that he will be able to collect toll for full period of three years, it was not open to the Commissioner to curtail the period. Learned Standing Counsel, on the other hand, defended the action of the Respondents on two grounds, viz., (i) the Government Order dated 16-6-1992, whereby the Government laid down policy for giving contract for collection of toll for one year only and the period in no case should go beyond March 31st following the date of auction and (ii) the letter of consent dated 2-9-1992 given by the petitioner for taking contract for collection of toll for the period less than three years.