Court No. - 21
Case :- WRIT - C No. - 25492 of 2011 Petitioner :- Sri Krishna Jaiswal Respondent :- Union Of India And Others Counsel for Petitioner :- Pankaj Kumar,Jagdev Singh Counsel for Respondent :- A.S.G.I.,Mithilesh Chandra Tripath,R.K. Singh,R.K.Gupta,SC
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has challenged the notice dated 3.4.2011 for collecting the toll tax over the National Highway No.24 at 325 Km., Shahjahanpur on Bareilly Sitapur Section.
A perusal of the notice indicates that the contract period was only for one year. The same notice has been challenged in the companion WRIT - C No. - 24075 of 2011wherein this Court has passed the following orders:-
"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."
This writ petition is also dismissed in the same terms.
Order Date :- 26.11.2018 Pramod Tripathi