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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE DEEPAK ROSHAN, J
Mandeepa Enterprises – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Present writ application has been filed by Petitioner praying therein for following reliefs:-
(a) For issuance of an appropriate writ, order or direction, for quashing/setting aside the Letter No.1472 dated 28th November, 2024 (Annexure-12) issued by the respondent no.4-Executive Engineer Road Division, Saraikela wherein for the period 24th September, 2023 to 27th November, 2024, alleged shortage remittance of toll have been determined in respect of Kandra-Chowka Toll Plaza (Gidibera Toll Plaza) despite the fact that the contract period has already expired on15th July, 2023.
(b) For issuance of further appropriate writ, order or direction, including writ of declaration that action of the respondent-State of Jharkhand in unilaterally extending the period of the contract and/or compelling petitioner to continue the work of collection of toll is wholly illegal, arbitrary and violative of Article 14 of the Constitution of India and is even contrary to the terms and conditions of the agreement being Agreement No. 01/RFP/2021-22 dated 15th July, 2021 (Anneuxre-2);
(c) For issuance of further appropriate writ, order or direction including writ of declaration dec
The court ruled that unilateral extension of a contract post-expiry is arbitrary, emphasizing adherence to contractual terms and the entitlement of the petitioner to operational reimbursements.
Unilateral modifications to contractual agreements without mutual consent are arbitrary and violate contractual obligations and constitutional rights.
Unilateral changes in contract terms by authorities violate constitutional rights and contractual obligations; agents post-contract are liable only for actual collections minus operational expenses.
The absence of FASTag systems at toll plazas absolves the toll collector from penalties for non-collection of tolls, and compensation for losses due to Force Majeure events must be determined by the ....
Petitioner cannot invoke writ jurisdiction for contractual disputes without public element; claims must be addressed through appropriate legal channels.
Parties to a contract must adhere to its terms despite unforeseen circumstances like force majeure, and disputes arising from such a contract should be resolved through contractual mechanisms, not ju....
Point of Law : Commercial Vehicles - Toll plazas/posts/barriers - Collection of Toll Tax – Whether rights of petitioner is violated - Conduct of parties is governed by the Contract Agreement and the ....
Limited judicial review in contractual matters, and the requirement for the decision-making authority to consider all relevant material before passing an order.
The court emphasizes the necessity of considering exceptional circumstances impacting contractual obligations and mandates competent authority decisions on extension requests.
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