Thakur Mallah vs The Union Of India & Ors on 16 May, 2014

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Patna High Court - Orders

Thakur Mallah vs The Union Of India & Ors on 16 May, 2014

Author: Navin Sinha

Bench: Navin Sinha, Anjana Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4671 of 2014
                 ======================================================
                 Thakur Mallah
                                                                      .... .... Petitioner/s
                                                   Versus
                 The Union of India & Ors
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :    Mr. Kumar Sunil
                 For the Respondent/s      : Mr. Ga9-A.K.Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
                            and
                            HONOURABLE JUSTICE SMT. ANJANA MISHRA
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

5   16-05-2014

Learned counsel for the petitioner in this Public Interest Litigation submits that without completing the Highway toll is being collected.

The counter affidavit of the respondents filed by the Project Director, National Highway Authority of India, PIU, Varanasi, states that the toll rates at different toll plazas are based on the tollable length for which it is collected on the basic rate fixed per kilometer. The affidavit also acknowledges that the project has not been completed in time for which they levied a damage of Rs.60, 46, 30, 400/- on the concessionaire. The demand has been stayed by the Delhi High Court. No further details of the case filed by the concessionaire before the Delhi High Court has been mentioned in the affidavit. The order of Delhi High Court has also not been annexed. We strongly disapprove the conduct of the respondents in withholding what appears to be very Patna High Court CWJC No.4671 of 2014 (5) dt.16-05-2014 2/2 relevant information for the present purpose and proceeding on their own conclusion with regard to crucial facts. It is only when we queried, the counsel for the respondent informed the number of the case filed in Delhi as O.M.P. Case No. 388/13. No copy of the order has been produced before us. Any collection of toll in the meantime shall be subject to the result of this Public Interest Litigation.

On the next date the respondents are directed to place before us the order of the Delhi High Court in the above mentioned case along with a copy of the application filed by the concessionaire.

List on the 16th of June, 2014.

(Navin Sinha, J) (Anjana Mishra, J) K.C.jha/-

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Patna High Court - Orders