- (1.)Heard Sri V.K. Singh, learned Senior Counsel appearing for the Petitioner assisted by Sri S. Shekhar, learned Counsel and Sri Shashi Nandan, learned Senior Counsel appearing for the Respondents assisted by Sri Mohd. Ali and Sri R.K. Singh, learned Counsel and have perused the averments made in the writ petition and annexures filed thereto.
(2.)The question posed before us is to consider the right of the Petitioner to collect toll on highway on behalf of Respondent No. 1 after the expiry of the term of contract with the Petitioner for the said purpose.
(3.)The facts, in brief, are that the Petitioner was engaged by the National Highway Authority of India to collect toll on its behalf from the users of the NH-2 at Anant-Ram Toll Plaza, district Auraiya upon the terms and conditions mentioned in the deed of contract. The consideration of the contract was that the Petitioner would be entitled to service charge at the rate of 14% per month of the total emoluments/wages payable by the Authority to the employees engaged by the Petitioner at the prescribed rates. The contract was for a period of one year commencing from 11.5.2009 upto 10.5.2010. Just before the term of the contract was to come to an end on 10.5.2010, the Petitioner was permitted to continue to collect toll until further orders vide letter dated 7.5.2010 (Annexure-6 to the writ petition). Pursuant to this the Petitioner continued. However, vide order dated 6.8.2010 of the Project Director, the Petitioner was informed that the competent authority has decided not to continue with the Petitioner beyond 10.8.2010 and was directed to hand over the charge of the Toll Plaza to the authorized representative of the National Highways Authority of India.