C.W.P NO. 6590 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 6590 OF 2009 DECIDED ON : 30.04.2009 Pankaj ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Rajesh Lamba, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioner seeks a prohibitory direction against the respondents not to insist for shifting of the Toll Plaza at village Jaitra Was, District Rewari from its present location and not to interfere in running thereof. The petitioner claims to be the successful bidder for the collection of toll tax on Shahanjahanpur/Rewari Road near the Rajasthan-Haryana border at Toll Point No.17. It is averred that the Toll Collection barrier remained installed at the same place previously also and while participating in the auction, that location was kept in view by the petitioner. However, he has now been asked to shift the Toll-Plaza site at a place which would cause financial losses to him. C.W.P NO. 6590 OF 2009 -2- Having heard learned counsel for the petitioner at some length and on perusal of the material on record, I am of the considered view that this kind of controversy does not fall within the domain of a writ Court. The petitioner does not allege any breach of the tender/bid conditions nor of any statutory provision. The space and location of a Toll Plaza are essentially the administrative matters to be decided by the respondent authorities, ordinarily warranting no interference by this Court, same where such decision suffers from arbitrariness or is whimsical. No such case is made out by the petitioner. Dismissed. However, if the petitioner finds that the new site is not viable to run the Toll-Plaza, he may approach the authorities for cancellation of his contract and/or suitable alternative arrangement. If such an application is moved by the petitioner, the same be decided as early as possible but not later than two months by the concerned authority. Let a copy of this order be given dasti on payment of usual charges. APRIL 30, 2009 (SURYA KANT) shalini JUDGE