LAWS(PAT)-2002-1-47

HARI NARAYAN YADAV Vs. STATE

Decided On January 04, 2002
HARI NARAYAN YADAV Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) BOTH the writ applications have been preferred by one and the same person.

(2.) BHAGALPUR Station ferry was given, on lease, to the petitioner for collection of toll for three years from 18-6-2001. During the subsistence of the lease, State of Bihar has constructed a bridge over the river Ganga and according to the petitioner the bridge falls and forms part of BHAGALPUR Station Ferry. It is the stand of the petitioner that although the bridge in question was not inaugurated and opened 'for traffic, people have started using the same and on account of the diversion of the traffic petitioner is unable to collect the tolls. The petitioner, accordingly, filed C.W.J.C. No. 9537 of 2001, inter alia, praying to facilitate collection of toll from the bridge as the same falls within BHAGALPUR Station Ferry.

(3.) ON consideration of the rival submissions, I am of the firm opinion that the petitioner is not entitled for the reliefs claimed in these writ applications and the reasons which weighed with me, to decline the relief are mentioned hereinafter.