Mahendra Singh Chouhan vs State Of Rajasthan And Ors on 26 October, 2018

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Rajasthan High Court - Jodhpur

Mahendra Singh Chouhan vs State Of Rajasthan And Ors on 26 October, 2018

Bench: Sandeep Mehta

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      JODHPUR

                    S.B. Civil Writ No. 7292/2018

Mahendra Singh Chouhan
                                                          ----Petitioner
                               Versus
State Of Rajasthan And Ors.
                                                        ----Respondent


For Petitioner(s)       :   Mr. Manoj Bhandari
                            Mr. Girish Joshi
For Respondent(s)       :   Mr. Ankur Mathur



            HON'BLE MR. JUSTICE SANDEEP MEHTA

Order 26/10/2018 By way of this writ petition, the petitioner being the toll collection contractor on the Debok-Mawli-Kapasan-Chittorgarh Road (SH-9) having contract for a period of 24 months i.e. w.e.f. 12.12.2017, has approached this Court with the following prayers:-

"It is, therefore, prayed that the record of the case may kindly be called for and after examining the same this Hon'ble Court by an appropriate writ, order or direction the order dated 30.04.2018 (Annexure-6). It is further prayed that the respondents be directed to direct the respondents not to encash the bank guarantee and the amount from 5% performance security and not to submit the "post dated cheque"

which were given in pursuance of earlier bid amount of work order dated 12.12.2017 Rs.3711.00 lakh till the final Legal ascertainment is made in pursuance of Joint Survey. It is further prayed that respondents be directed to refund the 5% performance security amount which has been realized by them. The respondents be further directed to not to annul the contract and not to take any coercive step."

(2 of 2) [CW-7292/2018] In furtherance of the previous proceedings and the interim order passed by this Court, the petitioner has already deposited a sum of Rs.2 Crore with the respondents. Shri Bhandari has filed an additional affidavit indicating the anticipated exemption to the petitioner in light of the fact that the State Government has exempted all private vehicles from toll collection. In the interregnum the respondent-RSRDCC directed the petitioner to conduct a videography recording of all the toll booths and submit weekly report of exempted vehicles. In furtherance of this exercise, the petitioner claims that he is entitled for exemption to the tune of Rs.1,49,83,163 per month. The respondents have assessed the exemption entitlement of the petitioner to the tune of Rs.82,04,896/- per month. In view of the marked difference in the quantum of exemption as stated by the parties, the respondent-RSRDCC is directed to decide the controversy objectively by taking into account the various statistical data available and the videography recording etc. Requisite exercise in this regard shall be completed within ten days from today by passing a reasoned order. Till then, the Bank guarantees of the petitioner shall not be encashed. However, the petitioner shall continue to deposit the undisputed monthly collection amount with the respondents.

The writ petition is disposed of in these terms.

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Rajasthan High Court - Jodhpur