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1998 (12) TMI 624 - SC - Indian Laws

Issues involved: Dispute over toll charges collection on Shashtri Bridge at Allahabad, legality of court orders allowing toll collection, challenge to orders by petitioner.

Judgment Details:

1. Initial Toll Collection Period: Petitioner allowed to collect toll for one year, then competed in auction for three years. Filed writ petition when bid not accepted, got interim order to continue collection.

2. Court Orders and Challenges: Allahabad HC passed orders allowing toll collection at enhanced rates, petitioner filed multiple writ petitions challenging orders. SC set aside orders, directed HC to proceed with main matter.

3. HC Orders and Recovery Measures: Petitioner filed new writ petition, HC passed unusual orders, later vacated. SC directed HC to decide liability and recover dues, expressed distress over similar toll fee cases.

4. Revised Toll Rates and Refund: HC ordered petitioner to refund extra amount collected due to enhanced toll rates, recalculated bid money with interest. Commissioner ordered payment to government treasury.

5. Challenges and Dismissals: Petitioner challenged HC orders in SC, withdrew SLP, sought clarification from HC which was dismissed. SC emphasized public policy against re-challenging withdrawn petitions.

6. Public Policy and Legal Precedents: SC cited Order 23 Rule 1 of CPC, extended public policy to writ jurisdiction, barred fresh suits after withdrawal without permission. Upheld HC orders, dismissed SLPs, and emphasized adherence to legal principles.

7. Conclusion: SC upheld HC orders, dismissed SLPs, emphasized public policy against re-challenging withdrawn petitions, and highlighted legal principles for maintaining judicial integrity.

 

 

 

 

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