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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH KUMAR
Vanshidhar Electric Private Limited – Appellant
Versus
State of Jharkhand, through Principal Secretary, Road Construction Department – Respondent
| Table of Content |
|---|
| 1. writ petition details and relief sought. (Para 1 , 2) |
| 2. claims made by petitioner regarding fastag and toll collection. (Para 3) |
| 3. court's analysis of contractual obligations and statutory provisions. (Para 4 , 10 , 12) |
| 4. court's perspective on compensation and procedural requirements. (Para 5) |
| 5. respondents' acknowledgment of issues with fastag installation. (Para 6 , 9 , 11) |
| 6. final order regarding authority's action and timeline. (Para 8 , 13) |
JUDGMENT :
RAJESH KUMAR, J.
The present writ petition has been filed for the following relief(s):
(i) For issuance of an appropriate writ/order/direction,including Writ of Mandamus, directing Respondent- authorities to pay admitted due and payable amount in respect of Agreement No. 01 RFP of 2023-24 dated 15th September, 2023 (Annexure-3) entered by and between Petitioner and Respondents, after taking into consideration Force Majeure claim of Petitioner in terms of Clause 25 of the Agreement.
(ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration, declaring that action of Respondent on one hand in not making payment of admitted due amount and on the other hand unilaterally extending the t
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 ....
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.
Unilateral modifications to contractual agreements without mutual consent are arbitrary and violate contractual obligations and constitutional rights.
The court held that toll adjustments based on vehicle classification mismatches are lawful under existing statutory and contractual frameworks, necessitating re-examination of vehicle definitions in ....
Limited judicial review in contractual matters, and the requirement for the decision-making authority to consider all relevant material before passing an order.
it appropriate to exercise writ jurisdiction under Article 226 in the aforesaid peculiar circumstances for the limited purpose of interim protection while relegating the parties to arbitration.
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 - Where civil rights of a party seeking for police protection in writ proceedings have already been duly finalized in civil litigative proceedings and they have secured decrees of court,....
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
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