^ ^^^i^; ^ •^ HIGH COURT OF CHHATTISGARH AT B8LASPUR D.B.: HON5BLE Mr. JUSTICE SUNEL KUMAR S(NHA_& HQN'BLEMr. JUSTICE RADHE SHYAM SHARMA W.P.(CINo.4997/2011 PETSTIONER Smt. Vimfa Stngh, W/o Nandbhan Singh, aged about 38 years, resident of S-1- 41 A, Nand Vilia, Narmada Nagar, Bilaspur (C.G.) Versus RESPONDENTS 1 State of Chhattisgarh, Through : Secretary, Pubiic Works Department (Nationa! Highway), D.K.S. Bhawan, Raipur, Distrlct Raipur (C.G.) 2 Engineer in Chief, Public Works Department, Sirpur Bhawan, Raipur, District Raipur (C.G.) 3 Executive Engineer, Public Works Department, Balod Division, Distrlct Rajnandgaon, Chhattisgarh 4 Superintending Engineer, Public Works Department, Durg Circle District Durg, Chhattisgarh WRIT PETITION UNDER ARTICE 226 OF THE CONSTITUTIONOFINDIA Appearance: Mr. Sunil Otwani, Counsel for the petitioner. Mr. UNS Deo, Government Advocate State/respondents. for the ..»,.^"F^y^^."\.'\ ^'ssxa^^' // 1 i- .. ' ~^li ^. ^^'./ W.P.fCl No.4997/2011 ORAL ORDER (19.10.2011) The foliowing order of the Court was passed by SuniE Kumar Sinha. J. 3 v Heard finaily with the consent of learned counse! for the parties. A notice inviting tenders for collection of toll tax was published on 25.05.2011. The period for coilection of toll tax was from 1st of July 2011 to 31st of March 2012 (9 months). The petitioner offered the bid. The petitioner was found to be the highest bidder, therefore, her bid was accepted. However, for some reason, the work order could not be issued to the petitioner prior to 01.07.2011, therefore, she filed this writ petition for the following retiefs: "10.1 10.2 10.3 It is kindly prayed that this Hon'bieCourt may kindly be pleased to call for the entire records from the possession of the respondents for its kind perusal. The petitioner prays to this Hon'ble Court for issuance of writ of mandamus for directing the respondent No.3 to issue a work order for collection of toll tax for a period of 9 months, as emunerated in theN.i.T.dated 25.05.2011. Any other further order(s) as deemed frt and necessary by this Hon'ble Court in the facts and the circumstances of the case with the cost of the petition may also please be granted to the petitioner." W.P.(ClNo.4997/2011 ^ Notices were issued to the respondents. The respondents have fiied their reply. Para 11 of the reply reads as under: "It is submitted and would be pertlnent to mention herein that, the petitioner had bid for collection of toll tax for a period of 9 months at Rs.17,27,730/- and accordingiy the per month collection bid submitted by the petitioner comes to Rs.1,91,9707-. Now, if the petitioner is willing and ready to sign theagreement the bid offered wouid be proportionately reduced to a period of six months and the bid amount of Rs.17,27,730/- would also be reduced for a period of 6 months 1 5 days approx. and the amount to be deposited by the petitioner would also be proportionatejy reduced accordingly till the date as on which the agreement is executed by the petitioner-contractor. Simiiarly, the stamp duty payable wiil also be reduced accordingly." In view of the above reply, learned counsel for the respondents submits that if the petitioner is interested in taking the work and she is ready to execute the agreement for the period of 5 months , the State js inclined to consider her case and award the work to her on the conditions contained in para 11 of the reply. Learned counsel for the petitioner submits that the petitioner Is interested in executing the work. !n view of the above submissions made at bar, this writ petition is disposed of at this stage with the direction to the ^w% fll |f ^,--^R|?-, s '''€,.:~l/-^^i^ ^ ^' A^" W.P.(ClNo.4997/2011 ^ respondents to consider and finalize the matter of award of work within a period of 1 O days from today so that if an agreement is entered into between the parties, as has been expressed by both of them, the work may be commenced in time. With the above observation, this petition stands finally disposed of. Certlfied copy be supplied immediately. shyna Sd/- Sunil Kumar Sinha Judge Sd/- R.S. Sharma Judge