Gujarat High Court High Court

Col vs National on 10 February, 2010

Gujarat High Court
Col vs National on 10 February, 2010
Author: R.M.Doshit,&Nbsp;Honourable Mr.Justice K.M.Thaker,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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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