OM PRAKASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the State -respondents.

(2.) PETITIONER before this Court had admittedly entered into the contract of ferry with the Commissioner, Moradabad Mandal, Moradabad with reference to Section 33 of Northern India Ferries Act 1878 at K.M. 29 -30 of Noorpur -Thakurdwara Road, Pargana Afzalgarh, Tehsil -Nagina, District -Bijnor. It was agreed between the parties that for the purposes of construction of the temporary ferry (chatta pul), the responsibility was that of the contractor. Similarly, responsibility of dismantling such temporary ferry was also of the contractor. Construction of the ferry was to be submitted by 15th October and dismantling has to be started by 15th June of the relevant year. It was agreed upon between the parties that the goods as detailed in the agreement, which are necessary for constructions of the temporary ferries (chatta pul), would be provided by the department's warehouse/store with a stipulation that within 15 days of dismantling of the chatta pul, the goods shall be returned to the store. It was specifically stipulated between the parties that the goods, which are not so returned by the contractor, would entail payment of money by the contractor at the rates specified against each of the item as per the schedule attached to the agreement. This amount in respect of the goods, which are not so returned, had to be deducted from the security money deposited by the petitioner at the first instance.

(3.) IT is not in dispute that the petitioner had taken goods from the department's warehouse/store for the purposes of construction of the chatta pul. It is also not in dispute that he did not return the goods so taken from the department. It appears that neither any order was passed by the local authorities at Bijnor for recovery of the money, as per terms of the schedule attached to the agreement. Nor any order was passed in that regard.