HIGH COURT OF CHHATTISGARH AT BILASPUR ^4 D.B.: Hon'ble Shri Justice Sunil Kumar Sinha and Hon'ble Shri Justice Radhe Shyam Sharma Writ Petition (C.l No.2964 of 2011 Petitioner Respondents versus 1. 2. 3. 4. Ashish Jaisawal, S/o Om Prakash Jaisawal, aged about 28 years, R/o Civil Lines, Baloda Bazar, Distt. Raipur (CG) State of Chhattisgarh, through the Secretary, Public Works Department, Raipur, D.K.S. Bhawan, Raipur (CG) The Chief Engineer, Public Works Department, Sirpur Bhawan, Raipur (CG) The Executive Engineer, Public Works Department, Korba Division, Korba, Distt. Korba (CG) Superintendent Engineer Bilaspur, Public Works Department Bilaspur Division, Distt. Bilaspur (CG) Writ Petition (C.) No.2971 of 2011 Petitioner Respondents versus 1. 2. 3. 4. Virendra Singh, S/o Shri R.P. Singh, aged about 39 years, R/o Satna Road, Mahiar, District Satna (MP), C/o Shri Nandbhan Singh, H-l - 41A, Nandvila, Narmada Nagar, Bilaspur, District Bilaspur (CG) State of Chhattisgarh, through Secretary, Public Works Department, D.K.S. Bhawan, Raipur (CG) Engineer-in-Chief, Public Works Department, Sirpur Bhawan, Raipur (CG) Chief Engineer, Public Works Department, Bilaspur — Zone, Bilaspur (CG) Superintendent Engineer, Public '^-.. ^,ss1 S^-^3^. % . 1 VsSs^ | Works Department, Bilaspur - Circle, Bilaspur (CG) 5. Executive Engineer, Public Works Department, Pendra Division, Pendra Road, District Bilaspur (CG) ^ Writ Petition (C.l No.2972 of2011 Petitioner Respondents versus 1. 2. 3. 4. 5. Smt. Anand Singh, W/o Shri Ram Krishna Singh, aged about 44 years, R/o Satna Road, Mahiar, District Satna (MP), through her power of attorney holder Shri Virendra Singh, S/o Shri R.P.Singh, aged about 39 years, R/o Satna Road, Mahiar, District Satna (MP), C/o Shri Nandbhan Singh, H-1 - 41A, Nandvila, Narmada Nagar, Bilaspur, District Bilaspur (CG) Sate of Chhattisgarh, through Secretary, Public Works Department, D.K.S. Bhawan, Raipur (CG) Engineer-in-Chief, Public Works Department, Sirpur Bhawan, Raipur (CG) Chief Engineer, Public Works Department, Bilaspur - Zone, Bilaspur (CG) Superintendent Engineer, Public Works Department, Bilaspur - ' Circle, Bilaspur (CG) Executive Engineer, Public Works Department, Pendra Division, Pendra Road, District Bilaspur (CG) Writ Petition (C.) No.2973 of 2011 Petitioner Smt. Anand Singh, W/o Shri Ram Krishna Singh, aged about 44 years, R/o Satna Road, Mahiar, District Satna (MP), through her power of attorney holder Shri Virendra Singh, S/o Shri R.P.Singh, aged about 39 .^"l ,^"..^. 1/ 1'^. .....„.,.. ^t !t '%'3:ISl& § -1 "^g^g j Respondents versus 1. 2. 3. 4. 5. years, R/o Satna Road, Mahiar, District Satna (MP), C/o Shri Nandbhan Singh, H-1 - 41A, Nandvila, Narmada Nagar, Bilaspur, District Bilaspur (CG) Sate of Chhattisgarh, through Secretary, Public Works Department, D.K.S. Bhawan, Raipur (CG) Engineer-in-Chief, Public Works Department, Sirpur Bhawan, Raipur (CG) Chief Engineer, Public Works Department, Bilaspur - Zone, Bilaspur (CG) Superintendent Engineer, Public Works Department, Bilaspur - Circle, Bilaspur (CG) Executive Engineer, Public Works Department, Pendra Division, Pendra Road, District Bilaspur (CG) ^ Writ Petition (C.l No.2974 of 2011 Petitioner ResDOndents versus 1. 2. 3. 4. 5. Smt. Vimala Singh, W/o Shri Nandbhan Singh, aged about 38 years, R/o H-1 - 41 A, Nandvila, Narmada Nagar, Bilaspur, District Bilaspur(CG) Sate of Chhattisgarh, through Secretary, Public Works Department, D.K.S. Bhawan, Raipur (CG) Engineer-in-Chief, Public Works Department, Sirpur Bhawan, Raipur (CG) Chief Engineer, Public Works Department, Bilaspur - Zone, Bilaspur (CG) Superintendent Engineer, Public Works Department, Bilaspur - Circle, Bilaspur (CG) Executive Engineer, Public Works Department, Division No.1, Bilaspur(CG) •-^: Writ Petition (C.) No.3087 of 2011 Petitioner Respondents versus 1. 2. 3. 4. 5. Ashish Jaiswal, S/o Om Prakash Jaiswal, aged about 28 years, R/o Civil Lines, Baloda Bazar, Distt. Raipur (CG) Sate of Chhattisgarh, through the Secretary, Public Works Department, Raipur, D.K.S. Bhawan, Raipur (CG) The Engineer-in-Chief, Public Works Department, Sirpur Bhawan,Raipur (CG) The Executive Engineer, Public Works Department, Pathalgaon Division, Jashpur, District Jashpur (CG) Superintendent Engineer, Ambikapur, Public Works Department, Ambikapur Division, District Ambikapur(CG) The Chief Engineer, Bilaspur Public Works Department, Circle Bilaspur, District Bilaspur (CG) Writ Petition (C.) No.3133 of 2011 Petitioner Respondents versus 1. 2. 3. 4. 5. Suresh Kumar Patel, S/o Shri Vishwnath Patel, aged about 58 years, R/o Village Bokramuda, P.0. Nandeli, District Raigarh (CG) Sate of Chhattisgarh, through Secretary, Public Works Department, D.K.S. Bhawan, Raipur (CG) Engineer-in-Chief, Public Works Department, Sirpur Bhawan, Raipur (CG) Chief Engineer, Public Works Department, .Bilaspur — Zone, Raigarh (CG) Superintendent Engineer, Public Works Department, Bilaspur - Circle, Raigarh (CG) Executive Engineer, Public Works Department, Raigarh Division, District Raigarh (CG) Present: Shri Sunil Otwani, Shri Deepak Jain, Shri Abhishek Sinha and Shri Ghanshyam Patel, counsel for the respective petitioner(s). Shri U.N.S.Deo, Government Advocate for the State/respondents. Writ Petitions underArticle 226/227 ofthe Constitution of India ORAL ORDER (Passedon 8th November, 2011) Per Sunil Kumar Sinha, J.: The matter is heard finally with the consent of learned counsel for the parties. 2. Learned counsel for the petitioners submit that the period of agreement for collecting toll-tax had commenced from 1 April, 201 1 and it was to end on 31st March, 2012. In the meanwhile, on 29 March, 2011, the State Government notified revised rates for collection of toll-tax and, thereafter, without giving any opportunity to the petitioners, the Engineer-in-Chief issued impugned direction that since the tender was accepted on the old rates, therefore, the same be cancelled immediately. It is at this stage, the writ petitions were filed and interim protection was granted and the petitioners are still continuingwith the collection oftoll-tax on the subject barriers. 3. Return and additional submissions have been filed by the State. The State has submitted that in order to put an end to the imbroglio, it, after considering all the aspects and keeping in view its interests as also of the contractors, has issued an order, by which, it has been directed that new receipt-books, as per the new rates of toll-tax applicable on various vehicles as per notification dated 29 6 March, 2011 (Annexure R-1), would be issued to the contractors and the contractors would collect the toll-tax at new rates with a condition that the difference between the old rates of toll-tax and new rates collected by the collector shall be deposited with the State. It has also been submitted that there would be no change in the rate of contract nor there would be any change in the installments. A copy ofthe direction issued by the State has also been filed. 4. The above writ petitions were filed mainly for quashment of the order dated 30 May, 2011, which says about termination of the agreement. In view of this new order passed by the State on 4 November, 2011, the earlier order relating to cancellation of the contract does not survive and the matter comes to an end. In view of the above developments, which have taken place after filing of the writ petitions and the categorical stand taken by the State by filing clear reply and placing on record the order dated 4 November, 2011, nothing survives for adjudication in the instant writ petitions. The writ petitions, therefore, stand disposed of in light of the above developments, which have taken place after filing of the writ petitions. 5. At this stage, learned counsel for the petitioners submit that for about 10-15 days toll-tax collection was stopped on the directions of the State Authorities, which again resumed after passing of the interim order by this Court, therefore, the petitioners may be permitted to file a representation for not realizing the proportionate installments, which would have been leviable for the respective periods. This is not the subject matter of the instant writ petitions, ^f[X 7 therefore, we are not passing any order on this issue. It shall be open to the petitioners to file representations in this regard to the concerned authority, which may be disposed of by the said authority in accordance with law. 6. With the above observations/directions, the writ petitions stand finally disposed of. 7. There shall be no order(s) as to costs. Sd/- Sunil Kumar Sinha Judge Gopal Sd/- R.S. Sharma Judge