JAGAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In these two petitions the petitioners Jagat Singh and Gorakh Nath Upadhyaya respectively have challenged the award of a lease to collect tolls at Kaparwar Setu situate in district Deoria for the period 1-4-1996 to 31-3-1997 to Beni Madhav Pandey who is respondent No. 4 in both the petitions.

(2.) Both these petitions were listed for hearing on 3rd September, 1996. In writ petition No. 11053 of 1996 affidavits have been exchanged and the learned counsel for the patties were heard. In writ petition No. 10089 of 1996, however, the petitioner did not appear on that date. Since the controversy in both the writ petitions is the same this writ petition too is disposed of on merits by this common judgment.

(3.) The case as set up in writ petition No. 11053 of 1996 if that there is a bridge known as Kaparwar setu situate in district Deoria which is a post of the Gorakhpur Division. The toll tax is being collected in respect of use of the said bridge and Beni Madhav Pandey respondent No. 4 was given the contract for one year ending 31-3-1996 for a consideration of Rs. 15,12,000/-. It is claimed that the house of respondent No. 4 is situate close to the office of the Commissioner of Gorakhpur Division and the respondent No. 4 due to his influence has been granted right to collect toll tax in respect of the said bridge for the period 1-4-1996 to 31-3-1997" without inviting bids through auction, as required under the Uttar Pradesh Toll Regulation, Leavy and Collection Rules, 1980. The consideration to be paid by the respondent No. 4 has been fixed at 15 per cent over and above the existing bid i.e. Rs. 15,12,000/-. The petitioner's case shorn of unnecessary details is that the grant of right to collect toll without inviting offers in an auction is contrary to the Rules and this has been done to favour the respondent No. 4. The petitioner contends that he is ready to pay 40 per cent more than Rs. 15,12,000/-.