CWP No. 1167/2002 7.4.2008 Present: Mr. Deepak Kaushal, Advocate, for the petitioner. Mr. R.M.Bisht, Dy.AG.for the State- respondents. By means of this writ petition, the petitioner has prayed for the following amongst other reliefs:- i) That the respondents be directed to perform their statutory duties as mentioned in the Toll Tax Act, 1975 and to provide police security on the barrier so that the petitioner may collect Toll Tax from the Barriers leased out to him; ii) That the notice of the respondents dated 2nd of August 2002 for demanding monthly instalments and for cancellation of lease may kindly be quashed and set aside. iii) That the respondent may kindly be directed to refund the security deposited by the petitioner for all his barriers in the event of cancellation of his lease for the barriers. As far as the reliefs 1 and 2 are concerned, they cannot be granted at this stage since the term of the lease to collect Toll Tax at the Barriers has long expired. The only question which remains to be answered is whether the petitioner is entitled to refund of the security amount deposited by the successful lessee. Various contentions have been raised by the respondents and one of the contentions raised is that this matter falls within the realm of contract and cannot be decided in writ jurisdiction. We are also of the view that the question whether the security can be refunded or not cannot be decided without going into intricate questions of fact whether the lease(s) were properly terminated or there was violation of the provisions of the lease deed(s) are questions to be decided after recording evidence. Keeping in view the above facts, we reject this writ petition. However, liberty is reserved to the petitioner to file appropriate proceedings for recovery of the security amount deposited by him. In such proceedings, the petitioner may seek benefit of Section 14 of the Limitation Act for the time that the present writ petition remain pending which shall be considered by the concerned authority/court in accordance with law. The petition is disposed of in the aforesaid terms. No costs. ( Deepak Gupta ),J. April 7, 2008. ( Rajiv Sharma ),J. s.