Punjab-Haryana High Court
The Chughe Khur Co-Operative Labour & ... vs State Of Punjab And Ors on 23 April, 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. CWP-418-2018
Date of decision : 23.04.2018.
THE NAVYUG COOP LABOUR AND CONSTRUCTION SOCIETY
LTD BATHINDA THR PRESIDENT SUBHASH CHANDER
... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
2 CWP-1034-2018
THE KAMALU COOP LABOUR AND CONSTRUCTION SOCIETY
LTD THR ITS PRESIDENT JASWINDER SINGH ....Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
3. CWP-2240-2018
THE HEMKUND COOP LABOUR AND CONSTRUCTION SOCIETY
LTD THR PRESIDENT BIMLESH RANI ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
4. CWP-2245-2018
HEMKUND COOP L&C SOCIETY . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
5. CWP-2323-2018
SURESH KUMAR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
6. CWP-2287-2018
THE HEMKUND COOP LABOUR AND CONSTRUCTION SOCIETY
LTD THR PRESIDENT BIMLESH RANI . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
7. CWP-3093-2018
KAMALU COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD. THRU JASWINDER SINGH . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
8. CWP-3127-2018
LACHHMAN DASS CONTRACTOR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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CWP-418-2018 and 52 other connected matters
9. CWP-3129-2018
DAMDAMA COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD. TALWANDI SABO THRU RAM KUMAR
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
10. CWP-3158-2018
NAVYUG COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD. BATHINDA THRU SUBHASH CHANDER
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
11. CWP-3159-2018
LACHHMAN DASS CONTRACTOR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
12. CWP-3408-2018
THE EXCELSIOR COOPERATIVE LABOUR AND CONSTRUCTION
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
13. CWP-3434-2018
THE HEMKUND COOPERATIVE AND CONSTRUCTION... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
14. CWP-3452-2018
SURESH KUMAR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
15. CWP-3454-2018
THE EXCELSIOR COOPERATIVE LABOUR AND CONSTRUCTION
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
16. CWP-3457-2018
THE SHAJRANA COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
17. CWP-3546-2018
THE RAMGARHIA COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD THRU ITS PRESIDENT ....... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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18. CWP-3548-2018
M/S ISHANT CONSTRUCTION COMPANY . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
19. CWP-3551-2018
THE SURAJ COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
20. CWP-3581-2018
BAHAL SINGH (CONTARCTOR) . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
21. CWP-3827-2018
M/S R K GOVT CONTRACTOR THROUGH ITS SOLE PROP
.....Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
22. CWP-3828-2018
THE KOT BAKHTU COOP LABOUR AND CONSTRUCTION
SOCIETY LTD ..... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
23. CWP-3836-2018
THE SHRI GURU RAVIDAS JI COOP L & C SOCIETY ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
24. CWP-3837-2018
THE KOT BAKHTU COOP LABOUR AND CONSTRUCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
25. CWP-3852-2018
THE KOT BAKHTU COOP LABOUR AND CONSTRUCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
26. CWP-3854-2018
M/S R K GOVT CONTRACTOR THROUGH ITS SOLE PROP
... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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27. CWP-5573-2018
THE HEMKUND COOPERATIVE LABOUR AND CONSTRUCTION
SOCEITY LTD THR PRESIDENT BIMLESH RANI
.... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
28. CWP-5589-2018
THE FRIENDS COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD THR PRESIDENT LAL SINGH
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
29. CWP-5600-2018
THE JAWAHARKE COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD THR PRESIDENT AMIT KUMAR
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
30. CWP-5692-2018
ROHIT GARG CONTRACTOR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
31. CWP-6066-2018
SURESH KUMAR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
32. CWP-6091-2018
THE JAWAHARKE COOPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD THR PRESIDENT AMIT KUMAR
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
33 CWP-6319-2018
THE CHOUHAN CO-OPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
34. CWP-6320-2018
THE HAZURA KAPURA CO-OPERATIVE LABOUR AND
CONSTRUCTION SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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35. CWP-6325-2018
PARKASH CHAND . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
36. CWP-6410-2018
THE TAJ CO-OPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
37. CWP-6433-2018
RAJINDER SINGH . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
38. CWP-6445-2018
RAJINDER SINGH . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
39. CWP-6447-2018
THE CHOUHAN CO-OPERATIVE LABOUR AND CONSTRUCTION
SOCIETY LTD .... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
40. CWP-6465-2018
THE HAZURA KAPURA CO-OPERATIVE LABOUR AND
CONSTRUCTION SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
41. CWP-5134-2018
THE GURU GOBIND SINGH NAGAR COOPERATIVE LABOUR AND
CONSTRUCTION SOCIETY LTD.
...Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
42. CWP-5135-2018
PANKAJ KUMAR ..... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
43. CWP-5194-2018
THE DHINGER CO-OPERATIVE LABOUR AND CONSTRCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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44. CWP-5199-2018
THE DHINGER CO-OPERATIVE LABOUR AND CONSTRCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
45. CWP-5200-2018
THE DHINGER CO-OPERATIVE LABOUR AND CONSTRCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
46. CWP-5201-2018
THE DHINGER CO-OPERATIVE LABOUR AND CONSTRCTION
SOCIETY LTD . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
47. CWP-5203-2018
THE GURU GOBIND SINGH NAGAR COOP. LABOUR &
CONSTRUCTION SOCIETY LTD. . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
48. CWP-5204-2018
THE JAGGA RAM TIRATH COOPERATIVE LABOUR
. ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
49. CWP-5205-2018
THE BATHINDA NAMDEV NAGAR COOP. LABOUR &
CONSTRUCTION SOCIETY LTD. . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
50. CWP-5207-2018
THE CHUGHE KHUR CO-OPERATIVE LABOUR &
CONSTRUCITON SOCIETY LTD. . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
51. CWP-5208-2018
THE BHUCHO KALAN CO-OPERATIVE LABOUR AND
CONSTRUCTION SOCIETY LTD. . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
52. CWP-5209-2018
GURBAX SINGH . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
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53. CWP-2319-2018
SURESH KUMAR . ... Petitioner
V/s.
STATE OF PUNJAB AND OTHERS ...Respondents
Present: Mr. Munish Bansal, Advocate,
for the petitioner(s) in all the petitions.
Mr. H.S. Sitta, AAG, Punjab.
Mr. S.S. Dhaliwal, Mr. Aman Sharma and
Mr. S.S. Bedi, Advocates
for respondent-Punjab Water Resources Management and
Development Corporation.
.
****
RAKESH KUMAR JAIN, J. (Oral)
This order shall dispose of a bunch of 53 writ petitions mentioned above in which the petitioner(s), in all the writ petitions, have made the same prayer under Article 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondent-Punjab Water Resources Management and Development Corporation (for short 'the Corporation') to release payment due to them for the work executed on their behalf.
Learned counsels appearing on behalf of the respondent- Corporation have admitted their liability towards the petitioner(s) with regard to their payments but it is stated that the Corporation would make the payment as and when it would receive the necessary funds. It is also submitted that there may be a difference of opinion about the amount claimed by the petitioner(s) which shall be decided/sorted out after associating the petitioner(s).
Since, the petitioner(s) have prayed for a writ in the nature of mandamus which can be issued by this Court only if there is a right vested with the petitioner(s) and there is a corresponding duty on the part of the 7 of 8 ::: Downloaded on - 13-05-2018 08:31:01 ::: Page 8 of 8 CWP-418-2018 and 52 other connected matters respondent-Corporation and in the present case, neither the rights of the petitioner have been denied nor the respondent-Corporation has denied their its liability, therefore, keeping in view the aforesaid facts and circumstances, present bunch of writ petitions are hereby disposed with a direction to the respondent-Corporation to release the payment to the petitioners, in which there is no dispute, within four months from the date of receipt of certified copy of this order. In case, where there is some dispute raised by them then the respondent-Corporation would associate the petitioner(s) for the purpose of sorting out the said dispute and shall make the payment accordingly.
A photocopy of this order be placed on the files of the connected cases.
April 23, 2018 (RAKESH KUMAR JAIN)
Suresh Kumar JUDGE
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
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