The court disposed of the writ petition for conceding that the petitioner was entitled to a toll collecting point and disputes regarding dues were to be settled between parties.
Petitioner restored right to collect toll at Toll Point No. 12; account discrepancies to be settled between parties.
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In the High Court of Punjab and Haryana at Chandigarh
CWP No. 6930of 2008 Date of decision: 6.5.2008
Manoj Kumar
......Petitioner
Versus
State of Haryana and others
.......Respondents
CORAM: HON'BLE MR.JUSTICE M.M.KUMAR
HON'BLE MRS. JUSTICE SABINA
Present: Mr.Girish Agnihotri, Sr. Advocate with Mr.Arvind Seth, Advocate, for the petitioner .
Mr.Ashish Kapoor, Addl.A.G.Haryana for respondent No.1.
Mr.Vivek Lamba, Advocate, for respondents No.2 and 3.
JUDGMENT
M.M.KUMAR, J.
Written statements on behalf of respondents No. 2 and 3 has been filed in Court today, a copy thereof has been furnished to the learned counsel for the petitioner.
It is conceded position by both the learned counsel for the parties i.e. learned counsel for the petitioner as well as learned counsel for respondents No. 2 and 3 that the amount due to respondent No.2 is Rs.34,98,828/- as on today. The balance has been arrived at by adjusting a sum of Rs.72 lacs, which has been
CWP No. 6930of 2008
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paid on 28.4.2008. It is further conceded that a sum of Rs.37 lacs, as security belonging to the petitioner, lying deposited with respondent No.2. Learned counsel for respondent No.2 has stated that the security shall be adjusted but penalty of Rs. One lac is imposable because of non payment of instalments on time.
Mr.Agnihotri, learned senior counsel for the petitioner, has stated that the amount of Rs.One lac may also be adjusted from the security amount.
In view of above, the writ petition is rendered infructuous and is disposed of as such. The petitioner shall be restored back the right to collect toll at Toll Point No. 12 at Yamunanagar-RadaurLadwa-Thaneser road near Yamunanagar. If there is any other discrepancy in the account, the same shall be settled by the parties.
(M.M.KUMAR) JUDGE
(SABINA) JUDGE
May 06, 2008 anita
Manoj Kumar
State of Haryana
M.M.KUMAR
SABINA
As recorded by the court registry
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