[2023/RJJD/018009]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 13746/2020

Jeep Car Taxi Operators Union, Through The Chairman Sunil

Kumar Sharma S/o Shankar Lal, Aged 46 Years Resident Of

Rajendra Nagar Jalore.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary Public Works

Department (Pwd), Jaipur.

2.

The Chief Engineer, National Highway (Nh) Pwd, Jaipur.

3.

The Superintending Engineer, Pwd, Jalore.

4.

District Collector, Jalore.

5.

M/s Chetak Mitra Tollways Pvt. Ltd., He-10, Hanumangarh

Extn. Vishnu Marg, Sirsi Road, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Rajesh Joshi, Sr. Advocate

assisted by Mr. Chandraveer Singh,

Ms. Kamini Joshi

For Respondent(s)

:

Mr. K.S. Rajpurohit, AAG with

Mr. Rajat Arora

Mr. Manish Shishodia, Sr. Advocate

assisted by Mr. Deepesh Birla

Mr.

Vaibhav

Gulria,

Principal

Secretary, Public Works Department

(PWD), Jaipur, present in person

Mr. Sanjiv Mathur, Chief Engineer,

National Highway (NH) PWD, Jaipur,

present in person

[2023/RJJD/018009]

(2 of 3)

[CW-13746/2020]

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

29/05/2023

The instant writ petition is filed by the petitioner-union in the

nature of Public Interest Litigation seeking following reliefs :

“(i)

That by way of writ, order or direction, this

Hon’ble Court may direct the respondent authorities

to take immediate action for regular upkeep and

maintenance of Rohit-Jalore section of road

comprising of SH-64 and SH-16.

(ii)

That by way of writ, order or direction, this

Hon’ble Court may direct the respondent to take

appropriate action against the contractor for non-

fulfilling his duties as per the concession agreement

and causing public danger.

(iii)

Any other appropriate writ, order or direction,

which this Hon’ble Court may deem fit and proper in

the larger interest of public, may also kindly be

passed in the interest of justice.”

Taking note of the poor condition of the road in question, this

Court has issued certain directions from time to time for proper

upkeep and maintenance of the road in question, however till

date, no effective steps have been taken by the respondents in

this regard.

Assessing the situation from every angle, this Court vide

orders dated 15.5.2023 and 24.5.2023, has directed for personal

presence of the Principal Secretary, Public Works Department

(PWD), Jaipur along with the Chief Engineer, National Highway

(NH) PWD, Jaipur.

[2023/RJJD/018009]

(3 of 3)

[CW-13746/2020]

On the last date, the Chief Engineer, National Highway (NH)

PWD, Jaipur has informed this Court that clause of risk and cost

has already been proceeded against the private contractor –

respondent No.5, who has failed to maintain the road in question

as per the terms of the contract.

Today, the Principal Secretary, Public Works Department

(PWD), Jaipur, present in person, has assured this Court that in

the month of June, a new tender will be invited for upkeep and

maintenance of the road in question and, thereafter, the contract

will be given to the eligible party and the required work of the

road in question will be completed by December, 2023 or in the

month of January, 2024.

Taking into consideration the assurance given by the

Principal Secretary, Public Works Department (PWD), Jaipur, this

writ petition is disposed of with an expectation that the upkeep

and maintenance of the road in question will be completed not

later than month of January, 2024.

It is made clear that in case, the assurance given by the

Principal Secretary, Public Works Department (PWD), Jaipur is not

fulfilled, the petitioner-union is free to avail appropriate remedy

available to it under the law.

Needless to say that the toll will not be charged on the road

in question till completion upkeep and maintenance of the road in

question.

(YOGENDRA KUMAR PUR