Jharkhand High Court · 2026

Having heard learned counsel for the parties and on perusal of the record it appears that: i. Petitioner has been appointed as an agent for collection of toll/ user fee. ii. The toll plaza has to be constructed by the department and not by the agent/petitioner. iii. As quoted hereinabove, the law has been declared that the petitioner was not authorized to collect toll from the vehicle fitted with Fastag rather it is admitted position that no collection has been made from the vehicle fitted with the Fastag. 8 W.P.(C) No. 5863 of 2025 iv. Thus, the non-collection of toll/user fee by the petitioner is due to operation of law and for this the petitioner cannot be penalized.

8. In view of the above discussion, it is hereby declared that petitioner has to be compensated for the non-collection of the user fee by the vehicle fitted with Fastag. This required determination by the authority.

9. So far as transporter strike is concerned, that is also to be compensated by the authority.

10. In view of the above discussion, the matter is remitted back to the respondent no. 3- Chief Engineer (Communication), Road Construction Department for determination of the loss incurred due to non-collection of the toll from the vehicle fitted with Fastag and also for the transporter strike period.

11. Needless to say, that the authorities are supposed to come out with proper procedure i.e., by looking into the toll collection from the near by plaza who was equipped to register the vehicle with Fastag. The authorities are further free to put into service other parameters for determination of the amount due to strike and non-collection of the toll as no provision has been provided in the toll plaza.

12. The above exercise must be completed within a period of 3 months from the date of production/ receipt of the copy of this order. After determination of the amount the follow up action will be taken by the authority including return of the bank guarantee.

13. With the above observation and direction, the writ petition stands disposed of. (Rajesh Kumar, J.)

06.01.2026 A. Mohanty Uploaded ____/____/2026 9 W.P.(C) No. 5863 of 2025