K.C. Agrawal, R.K. Gulati, J. - (1.) This writ petition has been filed by Mahesh Chand, Son of Ram Das, resident of Mohalla Habib Ullah Khan, Beesalpur, district Pilibhit, for mandamus directing the respondent to execute the Theka for a period of three years in accordance with auction notice, which is Annexure-1 to the writ petition.
(2.) The petitioner offered the highest bid with regard to the right of collection of toll for Rs. 4,14,000 for three years, one fourth of which was Rs. 1,03,000/-. The petitioner deposited that amount immediately after the fall of hammer. The bid was accepted subject to the approval of the Commissioner, The approval was granted for a period of one year instead of three years. The petitioner operated the lease for one and when an auction notice for the second year was advertised in the newspaper, he filed the present writ petition claiming that as his lease was for three years and that period had not expired, the respondents had no authority to advertise it for a fresh auction.
(3.) A counter affidavit has been filed on behalf of the contesting respondent. Amongst others, one other thing stated in paragraph 3(A) of the counter I affidavit is that the Commissioner was not' inclined to give approval to the lease of which the petitioner was the highest bidder as he was of the opinion that the auction should have been held only for one year. But when the petitioner gave his consent in writing that he was prepared to take lease for one year, the approval was accorded. The approval made by the Commissioner in favour of the petitioner was for one year and not for three years. In the rejoinder, the stand taken in the petition is reiterated. The right to realise the toll, as amended by the State Government is governed by the Indian Toll (U.P. Amendment) Act, 1974. In pursuance of that Act, Rules have been framed in 1980. These rules are know as the U.P. Tolls Regulation, Levy and Collection Rules, 1980.;