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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Mandeepa Enterprises – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. background and duration of the contract. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments on toll collection authority. (Para 8 , 9 , 10 , 11 , 12) |
| 3. discussion on the legal basis for the petitioner's claims. (Para 13) |
| 4. state's counter-arguments regarding contract obligations. (Para 14 , 15 , 16) |
| 5. court's analysis of contract terms. (Para 17 , 18 , 19 , 20 , 21) |
| 6. court's conclusion and directions. (Para 22 , 23) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Present writ application has been filed by petitioner praying therein for following reliefs:-
“(i) For issuance of an appropriate writ/order/direction, for quashing/setting aside the Letter No.631 dated 07.06.2024 (Annexure-18) issued by Executive Engineer, Road Division, Chaibasa (Respondent No.4), wherein Petitioner has been directed to deposit the amount of Toll pertaining to Sangajata Toll Plaza (Chaibasa-Kandra Section) as per stipulated rate determined by the Respondent, as being wholly illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution of India.
(ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration declaring the action of Respondent-State of
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 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.
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 ....
Toll collection by contractor on fixed bid basis is principal-to-principal, not taxable service; covered by negative list S.66D(h).
Limited judicial review in contractual matters, and the requirement for the decision-making authority to consider all relevant material before passing an order.
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