{"id":158090,"date":"2008-07-04T00:00:00","date_gmt":"2008-07-03T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/prithviraj-singh-vs-the-state-of-bihar-amp-ors-on-4-july-2008"},"modified":"2016-07-11T18:17:34","modified_gmt":"2016-07-11T12:47:34","slug":"prithviraj-singh-vs-the-state-of-bihar-amp-ors-on-4-july-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/prithviraj-singh-vs-the-state-of-bihar-amp-ors-on-4-july-2008","title":{"rendered":"Prithviraj Singh vs The State Of Bihar &Amp; Ors on 4 July, 2008"},"content":{"rendered":"
Patna High Court – Orders<\/div>\n
Prithviraj Singh vs The State Of Bihar &Amp; Ors on 4 July, 2008<\/div>\n
                 IN THE HIGH COURT OF JUDICATURE AT PATNA\n                                CWJC No.5109 of 2008\n                                 PRITHVIRAJ SINGH\n                                        Versus\n                            THE STATE OF BIHAR & ORS\n                                      -----------\n<\/pre>\n
5.   4.7.2008             Heard Mr. Sanjay Singh, learned counsel for the petitioner and<\/p>\n
                learned Additional Advocate General No. 11 for the State.<\/p>\n
                          The petitioner seeks quashing of the Memo No. 613 dated<\/p>\n
                29.2.2008 issued by the respondent no. 2, Chief Engineer, National<\/p>\n
                Highway Wing, Road Construction Department, Government of Bihar,<\/p>\n
                Patna by which he has decided to cancel the agreement for the collection<\/p>\n
                of tolls and also the consequential letter no. 331 dated 4.3.2008 issued by<\/p>\n
                the Executive Engineer, N.H. Division, R.C.D. Purnea by which he has<\/p>\n
                asked the petitioner to stop collection of toll-tax and for further reliefs.<\/p>\n
                          The petitioner was granted the right of collection of toll (Purnea<\/p>\n
                Bye Pass) H.L. bridges over river Kari Koshi in K.M. 404 of N.H. 31 in<\/p>\n
                the district of Purnea through an agreement dated 26.9.2007 (Annexure-2)<\/p>\n
                entered into between him and the Executive Engineer on behalf of the<\/p>\n
                Government of Bihar for the period from 27.9.2007 to 26.9.2008. During<\/p>\n
                the period of the agreement on 2.11.2007 at about 11 P.M. the Sub-<\/p>\n
                Divisional Officer, Sadar, Purnea made an inspection and reported that<\/p>\n
                about six receipts of toll tax were received from the truck drivers whose<\/p>\n
                vehicle numbers were given in his report in which they had paid barrier<\/p>\n
                fee, the receipts being of the value of Rs. 200, but did not contain either<\/p>\n
                the vehicle number or any signature. At 11.30 P.M. the S.D.O. made a<\/p>\n
                surprise inspection of the counter of the petitioner on the barrier but did
\n                       -2-<\/span><\/p>\n
not find the counterfoils of the said six receipts and found receipts of only<\/p>\n
Rs.15, Rs.10 and Rs.5 which were issued to the vehicles.          The Sub-<\/p>\n
Divisional Officer sent the report dated 3.11.2007 to the District<\/p>\n
Magistrate, Purnea who forwarded the same to the Chief Engineer,<\/p>\n
National Highway Wing, Road Construction Department. A show cause<\/p>\n
was issued to the petitioner which he replied denying all the allegations<\/p>\n
against him. Thereafter, by the impugned order dated 29.2.2008 the Chief<\/p>\n
Engineer cancelled the agreement and further directed the forfeiture of the<\/p>\n
security deposit and also directed that a criminal case should be instituted<\/p>\n
against him. On the basis of the said order dated 29.2.2008 (Annexure-<\/p>\n
6), the Executive Engineer issued the impugned letter dated 4.3.2008 to<\/p>\n
the petitioner enclosing a copy of the order of the Chief Engineer directing<\/p>\n
him to stop collection of toll tax with immediate effect.<\/p>\n
          Learned counsel for the petitioner submits that the action of the<\/p>\n
authorities was malafide and there is nothing in the report of the Sub-<\/p>\n
Divisional officer to show that any irregularity was found at the counter<\/p>\n
where the collection of tolls was being made by the petitioner. So far as<\/p>\n
the receipts are concerned, it is submitted that there is nothing in the<\/p>\n
receipts to connect the petitioner with them; neither the vehicles numbers<\/p>\n
are given nor any signature is there and the said receipts appear to have<\/p>\n
been created only to falsely implicate the petitioner by someone. It is<\/p>\n
further submitted that in terms of the agreement receipts issued by the<\/p>\n
Executive Engineer, N.H. Division, R.C.D. Purnea should only be used<\/p>\n
and the counterfoils of the same should be deposited in the office of the<\/p>\n
Executive Engineer, N.H. Division, Purnea which was being done by the
\n                        -3-<\/span><\/p>\n
petitioner regularly. It is urged by learned counsel that there was no<\/p>\n
allegation or complaint against the petitioner by anyone for illegal<\/p>\n
collection of toll-tax and all of a sudden the so-called report has been<\/p>\n
created to falsely implicate the petitioner and to get his contract cancelled.<\/p>\n
Learned counsel further contends that the impugned order of the Chief<\/p>\n
Engineer suffers from complete non-application of mind as there is<\/p>\n
absolutely no reason in the said cryptic order and the explanation<\/p>\n
submitted by the petitioner to the show cause notice has not at all been<\/p>\n
considered in the said order. Learned counsel also points to the fact that<\/p>\n
under the terms of the agreement, the petitioner was required to put on a<\/p>\n
display board, for the benefit of the public, the rate of tolls to be levied on<\/p>\n
different category of vehicles and there is nothing in the report of the Sub-<\/p>\n
Divisional Officer to show that the said Display Board was not found<\/p>\n
when he reached the spot. It is argued by learned counsel that even the<\/p>\n
report of the Sub-Divisional Officer is a very cryptic one and the same is<\/p>\n
totally insufficient to prove the allegation against the petitioner to the<\/p>\n
extent of cancellation of his contract.\n<\/p>\n
          It is lastly submitted by learned counsel that under the terms of<\/p>\n
the agreement entered into by the parties, as per Clause 18 of the same, in<\/p>\n
the event of violation of the terms of the agreement of the lease, the right<\/p>\n
of collection may be terminated without compensation by the first party,<\/p>\n
i.e., the Executive Engineer. Against the said order of the first party<\/p>\n
cancelling the right of the second party under Clause 19 of the agreement<\/p>\n
an appeal shall lie to the Chief Engineer, N.H. Wing, R.C.D., Bihar, Patna<\/p>\n
within 20 days of the receipt of the said order. Hence, the original order
\n                         -4-<\/span><\/p>\n
could not have been passed by the Chief Engineer himself or any official<\/p>\n
superior to him.\n<\/p>\n
          Learned Additional Advocate General No. XI countering the<\/p>\n
aforesaid argument has sought to support the aforesaid order stating that<\/p>\n
the action has been taken after a report was duly submitted by the Sub-<\/p>\n
Divisional Officer, Sadar, Purnea in which he had stopped the various<\/p>\n
trucks and obtained six receipts from them which was contrary to the<\/p>\n
terms of agreement because instead of Rs. 15, receipts of Rs. 200 had been<\/p>\n
issued. It is further submitted that the principles of natural justice was<\/p>\n
followed by the departmental authorities by issuing show cause to the<\/p>\n
petitioner and only thereafter the impugned order dated 29.2.2008 has<\/p>\n
been passed.       It is thus urged by Additional Advocate General that<\/p>\n
cancellation of the agreement of the petitioner is in accordance with law<\/p>\n
and not to be review by this Court.\n<\/p>\n
          It is further argued by learned Additional Advocate General that<\/p>\n
the contract itself has been entered into between the Executive Engineer,<\/p>\n
N.H. Division, Purnea on behalf of the Government of Bihar and thus the<\/p>\n
Government of Bihar would be the first party and it is evident from the<\/p>\n
impugned order dated 29.2.2008 that the same is in furtherance of the<\/p>\n
decision taken by the Government to cancel the contract which has been<\/p>\n
merely communicated by the Chief Engineer.        It is urged by learned<\/p>\n
counsel that the Government of Bihar being essentially the first party, it<\/p>\n
was open to the Government to have passed the order of cancellation and<\/p>\n
the same has been done in the present case.\n<\/p>\n
          On a consideration of the facts and circumstances of the case
\n                       -5-<\/span><\/p>\n
and the rival submissions of the parties, this Court does not find force in<\/p>\n
the argument of learned Additional Advocate General. The agreement<\/p>\n
entered into between the parties has to be read as a whole and not only the<\/p>\n
description of the first party which has been given as the Executive<\/p>\n
Engineer N.H. Division, Purnea on behalf of the Government of Bihar<\/p>\n
(hereinafter called the first party). The said description considered along<\/p>\n
with clause 18 and 19 of the agreement can lead to the only conclusion<\/p>\n
that the power to cancel the lease of the second party, that is, the<\/p>\n
petitioner, of the right to collect tolls for violation of the terms of<\/p>\n
agreement of the lease is vested only in the first party against which an<\/p>\n
appeal has been provided for in Clause 19 to the Chief Engineer, N.H.<\/p>\n
Wing, Road Construction Department, Government of Bihar, Patna. It<\/p>\n
would be absurd to so interpret the first party as meaning also the State<\/p>\n
Government acting directly since it is evident that no appeal can lie to a<\/p>\n
subordinate official i.e, the Chief Engineer, against the order of a higher<\/p>\n
executive officer of the Government of Bihar. Thus, the only conclusion<\/p>\n
that can be drawn is that the reference to the first party wherever it occurs<\/p>\n
in the agreement is to the Executive Engineer, N.H. Division, Purnea<\/p>\n
acting on behalf of the Government of Bihar and not any other higher<\/p>\n
official. It is only against the order of the Executive Engineer that the<\/p>\n
appeal to the Chief Engineer can lie since the agreement is clear on the<\/p>\n
point that the decision of the Chief Engineer on such an appeal shall be<\/p>\n
final and binding on both the parties.\n<\/p>\n
          Further, this Court find that the impugned order is a cryptic one<\/p>\n
which does not show any application of mind to the facts involved or the
\n                                  -6-<\/span><\/p>\n
           issues raised by the petitioner in his explanation to the show cause. The<\/p>\n
           said order imposes serious civil consequences upon the petitioner<\/p>\n
           including forfeiture of security deposit apart from cancellation of his<\/p>\n
           agreement and thus it could not have been passed in the manner it has<\/p>\n
           been passed without indicating reasons for the same. The same being an<\/p>\n
           action of a public authority, whether passed by the Government or the<\/p>\n
           Chief Engineer, it must be considered arbitrary and unreasonable for the<\/p>\n
           said reason.\n<\/p>\n
                     For the aforesaid reasons, the impugned order dated 29.2.2008<\/p>\n
           being without jurisdiction as well as being an arbitrary order cannot stand<\/p>\n
           and it is accordingly quashed, as also the consequential order dated<\/p>\n
           4.3.2008 passed by the Executive Engineer communicating the aforesaid<\/p>\n
           order dated 29.2.2008 of the Chief Engineer to the petitioner.<\/p>\n
                     The writ application is accordingly allowed.\n<\/p>\n<\/p>\n
P. Kumar                          (Ramesh Kumar Datta, J.)\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Patna High Court – Orders Prithviraj Singh vs The State Of Bihar &Amp; Ors on 4 July, 2008 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5109 of 2008 PRITHVIRAJ SINGH Versus THE STATE OF BIHAR & ORS ———– 5. 4.7.2008 Heard Mr. Sanjay Singh, learned counsel for the petitioner and learned Additional Advocate […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,27],"tags":[],"class_list":["post-158090","post","type-post","status-publish","format-standard","hentry","category-high-court","category-patna-high-court-orders"],"yoast_head":"\nPrithviraj Singh vs The State Of Bihar &Amp; Ors on 4 July, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/prithviraj-singh-vs-the-state-of-bihar-amp-ors-on-4-july-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Prithviraj Singh vs The State Of Bihar &Amp; 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