SANJEEV KUMAR LALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking direction to allow the claim of the petitioner as he could not collect the Tolls from the vehicle for a period when he was granted the work due to the breach of a bridge on the road and the case of the petitioner was recommended by the Deputy Commissioner, Dhanbadrespondent no. 4 and the commissioner respondent no.-3. He further prayed that no coercive steps shall be taken till final disposal of the claim of the petitioner by respondent no.2. In substance, the petitioner being highest bidder for the financial year 2007-2008 for the collection of the tax from the head of the vehicles plying at Katras-Dumra road, and according to the conditions of the contract the amount and work was allotted him and started on 01.04.2007. The old bridge lying on the said route collapsed on 09.05.2007 and it was totally damaged and accordingly traffic in the said route was stopped and it affected the collection of toll then a representation was made by the petitioner. The said bridge could not be repaired. The diversion was prepared after the stipulated period of the contract. Thus the petitioner could not collect the toll tax according to the contract and the contract remained frustrated due to the breach of the bridge. The representation was made to the respondent authorities. The petitioner made a representation to Circle Officer and the said representation and claim was recommended by the C.I. and ultimately the commissioner also recommended his claim to the government. According to counter affidavit of respondent no. 3 in Para 9, 10, 11 & 12 has admitted the claim of the petitioner. It is alleged that the representation and recommendation of Commissioner is pending before the respondent no. 2 and it would be just and appropriate to direct the respondent no. 2-Secretary, State Government to dispose of the representation of the petitioner expeditiously and preferably within four weeks from the date of receipt of the copy of this order by the respondent no.2

(2.) The petition is disposed of accordingly. No order as to cost.