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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J
Mandeepa Enterprises – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Present writ application has been filed by the Petitioner praying therein for following reliefs:-
(a) For issuance of an appropriate writ, order or direction, for quashing/setting aside the Letter No.693 dated 14.06.2024 (Annexure-17) issued by Executive Engineer, Road Division, Saraikela (Respondent No.5) wherein for the period 11.03.2022 to 03.10.2023 an alleged shortage of remittance of toll has been determined by Respondent No.5 in respect of Kandra Junction Toll Plaza, (Adityapur-Kandra Section) on the enhanced rate of toll, despite the fact that contract period has already expired on 11th September, 2021 (at 8.00 Hrs.);
(b) For issuance of further appropriate writ, order or direction, including writ of declaration, declaring the action of respondent-State of Jharkhand of unilateral enhancement of the amount of contract value being the total instalment amount, is wholly illegal and arbitrary, as said unilateral enhancement was undertaken by Respondent-authority completely contrary to the terms and conditions of the contract agreement vide Agreement No. 01/RFP/2019-20 (Annexure-2) pertaining to Kandra Junction Toll Plaza (Adityapur-Kandra Section);
(c
Unilateral modifications to contractual agreements without mutual consent are arbitrary and violate contractual obligations and constitutional rights.
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 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 ....
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 ....
A concession period extension under a contract requires compliance with specific procedural conditions, and is not automatic despite recommendations from an independent engineer.
Limited judicial review in contractual matters, and the requirement for the decision-making authority to consider all relevant material before passing an order.
Petitioner cannot invoke writ jurisdiction for contractual disputes without public element; claims must be addressed through appropriate legal channels.
The court emphasizes the necessity of considering exceptional circumstances impacting contractual obligations and mandates competent authority decisions on extension requests.
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