1. Mr. Amarendra Kumar, Rsgional Officer and Mr. Pradeep Kumar Lal, Executive Engineer off Ministry of Road, Transport and Highway are present in person.
2. In compliance of order dated 23.09.2014, respondent No. 1 filed its affidavit.
3. Regional Officer, who is. present in Court, submits that responsible officer is Respondent No. 1. He personally submits that condition of road is poor.
4. Counsel for respondent No. 1 further submits that monthly recovery of toll tax would be Rs. 3 crores and daily recovery would be Rs. 10,00,000/-, which respondent No. 4 is not disputed.
5. Counsel for respondent No. 4 submits that they are repairing the road and they have submitted their monthly reports to respondent No. 1. He seeks time to file reply with all documents showing the work done on the road.
6. In the light of submissions of counsel for the parties including counsel for respondent No. 4, it appears that condition of road is not upto the mark and beneficiaries are public at large whose interest is required to be saved.
7. In view of the factum of re covery of toll tax from the public at large, as an interim measure, it will be appropriate to direct respondent No. 4 to file an undertaking within two weeks from today to ensure the proper repair of road to the satisfaction of respondents No. 1 to 3 and also to file further undertaking that in case of failure, they will deposit the toll tax so recovered from the public at large for repair of road, with respondent No. 1.
8. As prayed by counsel for respondent No. 4, list the petition on 29th October, 2014.
9. Certified copy as per rules.