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SCA/2958/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2958 of 2009
With
CIVIL
APPLICATION No. 1449 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2958 of 2009
=========================================================
COL
(RETD) S K CHHETRI (DGR REGISTRATION NO. 6282) - Petitioner(s)
Versus
NATIONAL
HIGHWAYS AUTHORITY OF INDIA & 2 - Respondent(s)
=========================================================
Appearance
:
MR.J
S.SADHWANI
for
Petitioner
MR MITESH L RANGRAS for Respondent(s) : 1 & 2.
MR
ANSHIN H DESAI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER 10th February 2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
With
the consent of the learned advocates, the petition is taken up for
hearing today.
The
subject matter of this petition is a contract for collection of Toll
Tax on National Highway at Samakhiyali, District-Kachchh.
The
petitioner who was awarded the contract for collection of the toll
tax filed the above writ petition under Article 226 of
the Constitution under apprehension that the contract awarded to him
for the period upto 28th February 2010 may be terminated
prematurely.
The
petition has been contested by the respondents. According to the
respondents-authorities, the petitioner had procured the contract by
misrepresentation.
The
petition is entertained by this Court. By Order dated 24th
April 2009 made by the Bench comprising Mr. Justice Mohit S.
Shah, as he then was & Ms. Justice H.N Devani,
the petitioner was protected. While granting the interim
relief, the Court observed, ..we are of the view that this
is a fit case where interim relief as prayed for, and which was
granted while issuing notice on 31.3.2009, should be continued till
final disposal of this petition. It is not in dispute that
the contract is for the period upto 28th February 2010.
Now that the contract period is about to be over, we do not intend to
interfere in the matter.
Without
prejudice to the rights and contentions raised by the parties to the
present petition, the petition is allowed. The petitioner will be
allowed to continue to collect the toll tax under the contract dated
8th March 2008 upto 28th February 2010 as
agreed. On completion of the contract period, the petitioner will
hand over charge of the toll booth and other materials to the
respondents-authorities forthwith on 1st March
2010. Rule is made absolute in the above terms. The parties will bear
their own cost.
In
view of the above order, Civil Application stands disposed of.
{Ms. R.M Doshit, J.}
{K.M
Thaker, J.}
Prakash*
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