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Ramesh Chandra Rai v. State Of U.P. & Others - WRIT - C No. - 37275 of 2007  RD-AH 14788 (31 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
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.
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,
5. The Collector Jhansi District Jhansi.
6. The Tehsildar Jhansi, District Jhansi
CORAM: Hon'ble H.L. Gokhale, CJ.
Hon'ble Anjani Kumar,J.
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.
HR (Chief Justice)
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