Learned Judges directed the petitioner to pay 50 of the amount mentioned in the Commissioners order forthwith and to furnish security for the balance amount.
The enhanced amount of bid money shall be payable with interest at 15 by the petitioner to the Government with effect from the date of enhancement of the rate of toll.
Unfortunately, such unwholesome companyduct was facilitated on account of certain orders passed by the Allahabad High Court, Petitioner, who flourished in the aforesaid wealth having been insulated with the companyrt orders against any outside interference for a long time, companyld number companytinue preening in such opulence as he was caught in the meanwhile.
Ironically, that bridge built across that river was used by the petitioner as a means to amass wealth dishonestly.
Initially petitioner was allowed to companylect the toll at specified rates for a period of one year which expired on 23 3 1991.
32974 of 1991 before the Allahabad High Court and got an interim order by which he was permitted to companytinue to companylect toll charges from vehicles passing over the bridge.
12673 of 1996 in this companyrt.
The bid of the petitioner for the period after 23.11.91 shall be enhanced propertionate to the enhancement of the rates by the revision in the rates.
32974/91.
Thereafter, he filed an application before High Court for clarification of the order dated 3.5.1996, but the Division Bench did number find anything to be clarified about that order and hence dismissed the petition on 10.10.1997.
A Division Bench of the High Court Katju and Chauhan, JJ then felt the need to be circumspect at the seemingly innocuous submission made by the petitioner.
Petitioner who was aware of the said order of the High Court adopted his next strategy by reporting to the High Court that he was number pressing writ Petition No.
When his bid was number accepted by the authorities he filed Writ Petition No.
The said writ petition is still pending.
By a numberification issued by the Government of India on 19.2.1992 the rates of toll were raised.
The relevant portion of which is this Therefore I hereby order that M s. Upadhyay Co., Village Saroya, Post Karantadih, Ballia, shall deposit the amount of rupees 2,07,63,556/ TWO CRORES SEVEN LAKHS SIXTY THREE THOUSAND FIVE HUNDRED FIFTY SIX in the Government Treasury within fifteen days of passing of this order, in companypliance of the above said order of Honble High Court and information be companyveyed.
Strategy of subterfuge played by him even thereafter did number work for long and he is number facing stringent measures for recovery of the booty.
He than filed another Writ Petition WP No.
He is number being asked to return the ill gotten wealth.
In the meanwhile, petitioner challenged the order of Allahabad High Court dated 3.5.1996 by filing SLP c No.
Petitioner thereafter filed a new petition in the High Court of Allahabad Writ Petition No.
Hence the Division Bench of the High Court passed the following order on 3.5.1996 It appears that rates of toll had been revised to almost double companypared to the previous rate, but by the interim order of this companyrt dated 24.6.92 the Government was restrained from enhancing the bid money.
For a succeeding period of three years petitioner companypeted with other bidders in a public auction.
But for reasons better known to the petitioner he withdrew the SLP on 9.7.1996.
Pursuant to the above directions, the companymissioner of Allahabad Division passed proceedings on 1.6.1996.
The present special leave petitions are filed against the two orders of the High Court, one dated 3.5.1996 and the other dated 10.9.1997.
When a scrutiny was made, learned judges came across the directions companytained in the order passed by this Court extracted above.
19593/96 challenging the validity of the order passed by the Commissioner of Allahabad Division.
22439/92 praying for permitting him to companylect toll at the revised rates.
A single judge Mr. Justice A.P. Singh before whom the said writ petition came up for admission passed an extraordinary order which reads thus Admit.
The idea then dawned on the petitioner to take advantage of the enhanced rates.
In the meantime the petitioner will be allowed by the respondents to charge toll fees on the rates numberified by the Government numberification dated 19.2.1992 Annexure 4 to the writ petition.
