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RAMESH CHANDRA RAI versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ramesh Chandra Rai v. State Of U.P. & Others - WRIT - C No. - 37275 of 2007 [2007] RD-AH 14788 (31 August 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CJ's Court

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

ORIGINAL JURISDICTION

CIVIL MISC. WRIT PETITION NO. 37275 OF 2007.

1. Ramesh Chandra Rai, S/o Late Sri Har

Das Rai, Resident of 8 Q, Ras Bahar

Colony, Nandanpura, Jhansi. .........Petitioner.

Versus

1. State of U.P., through Principal Secretary,

Public Works Department , Lucknow.

2. The Chief Engineer, Jhansi Region, Jhansi

Public Works Department, Jhansi.

3. The Executive Engineer, Provincial

Division, Public Works Department, Banda.

4. The Commissioner, Chitrakoot Dham,

Region Banda.

5. The Collector Jhansi District Jhansi.

6. The Tehsildar Jhansi, District Jhansi

..........Respondents.

CORAM: Hon'ble H.L. Gokhale, CJ.

Hon'ble Anjani Kumar,J.

Date: 31.08.2007

Advocates for the petitioner : Sri K. K. Dubey

Counsel for the respondents: Standing Counsel

Oral Judgement (Per: H. L. Gokhale, CJ.)

1. Heard Sri K. K. Dubey in support of this writ petition and learned Standing Counsel appearing for the respondents.

2. The petitioner herein was the authorized collector of toll tax on a bridge situated in the District Banda. It appears that he was in arrears of certain amount. An amount of Rs. 14,25,000/- has already been deducted from the deposit made by the petitioner.

3. Over and above this amount, recovery certificate of Rs. 3,69,050/- was issued on 26th April, 2007 by the respondent no. 3 and two vehicles of the petitioner namely, one Tata Safari bearing registration no. U.P. 93-P-5409 and one Cielo Car bearing registration no. U.P. 93-F-3510, have been attached. Hence this writ petition.

4. Learned counsel for the petitioner however accepts that there is provision for arbitration in the agreement entered into for collection of the toll tax. He has drawn our attention to the relevant Clause of the agreement and makes the request that he may be permitted to deposit this amount of Rs. 3,69,050/- and after deposit his two vehicles may be released. He has served a notice also. The amount so deposited will be treated to be amount for the release of the vehicles. Alternatively he is ready to go for arbitration.

5. Sri Dubey states that he will pay this amount at the earliest, in any case within four weeks.

6. Till then the two vehicles of the petitioner attached with the respondents will not be sold. The appellant may serve necessary notice to appoint an Arbitrator.

7. In view of what has been stated above, this writ petition is disposed of.

Date: 31.08.2007.

HR (Chief Justice)

(Anjani Kumar,J.)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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