Court No. - 21
Case :- WRIT - C No. - 24075 of 2011 Petitioner :- Mohammad Siddiq Respondent :- National Highway Authority India And Anr.
Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- R.K. Singh,Mithilesh Chandra Tripath,Mohammad Ali,SC
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
List is revised. No one is present for the petitioner. Dr. H. N. Tripathi, learned counsel for the respondents is present.
Petitioner has preferred this writ petition to challenge a public notice dated 03.4.2011 whereby the respondents have invited tender for collection of toll tax on bridge situated on Garh River on National Highway 24 at 325 Km. in District Shahjahanpur.
The last date for submission of the tenders was 26.4.2011. A copy of the tender notice is on record as annexure 1 to the writ petition. A perusal of the said notice indicates that the period for collection of toll tax was only for one year. The writ petition was preferred in the year 2011. No interim order was granted to the petitioner. It appears that the writ petition has become infructuous by efflux of time. The record indicates that the petitioner has not moved any application for early hearing of the matter. This case is lying dormant since 2011.
In view of the above, it appears to us that cause of action does not survive or the petitioner has lost interest in the matter. Accordingly, the writ petition is dismissed.
However, we grant liberty to the petitioner to move recall application in case cause of action still survives or this order cause any prejudice to his interest.
Order Date :- 26.11.2018 Pramod Tripathi