PRITHVIRAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed challenging memo No. 191 dated 26.3.2010 (Annexure-13) sent by the Superintending Engineer, National Highway Circle, Road Construction Department, Purnia (Respondent No. 3) to the Chief Engineer, National Highway Wing, Road Construction Department, Patna (Respondent No. 2) recommending cancellation of agreement for collection of tolls and directing the Petitioner to stop collection of tolls and also challenging letter No. 423 dated 27.3.2010 (Annexure-14) by which the Executive Engineer, National Highway Division, Road Construction Department, Purnia (Respondent No. 4) directed the Petitioner to stop collection of toll tax forthwith and for other ancillary reliefs.

(2.) Learned Counsel for the Petitioner claimed that an agreement for collection of toll, for H.L. Bridge (Purnia By-pass) over river Kari-Kosi in KM 404 of N.H. 31, was entered into between the Petitioner and the Government of Bihar (Respondent No, 1) represented by its Executive Engineer (Respondent No. 4) on 26.9.2007 (Annexure-1) after due approval from the Government of Bihar and accordingly letter dated 26.9.2007 (Annexure-2) was issued by the said authority to the Petitioner. The agreement was for the period 27.9.2007 to 26.9.2008 and the amount fixed for that period was Rs. 2,62,71,500.00 out of which Rs. 1,75,14,335.00 was deposited by the Petitioner and the remaining amount of Rs. 87,57,165.00 was to be deposited within three months from the date of taking over the right of toll collection. It was further claimed that the Petitioner started the work of toll collection from 27.9.2007 for which the receipts issued by the Executive Engineer, were used and counterfoils thereof were regularly deposited in the office of the Division.

(3.) It was also averred by learned Counsel for the Petitioner that the Chief Engineer (Respondent No. 2) was going to retire on 29.2.2008 and for reasons best known to him, on that very date i.e. 29.2.2008 he passed his order (Annexure-3) unilaterally cancelling the agreement, forfeiting the security amount and directing to institute criminal case also, whereafter Petitioner's collection of toll tax was stopped. Against the aforesaid orders of the authorities, the Petitioner moved this Court vide C.W.J.C. No. 5109 of 2008 and after hearing the parties the said writ petition was allowed by a Bench of this Court vide order dated 4.3.2008 (Annexure-5) finding the impugned orders of the authorities to be without jurisdiction, arbitrary and unreasonable.