Punjab-Haryana High Court
M/S Sandeep Kumar Govt Contractor & ... vs State Of Punjab And Ors on 26 May, 2017
Author: Amit Rawal
Bench: Amit Rawal
CWP-11959-2017 1
135-10
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-11959-2017
Date of decision : 26.05.2017
M/s Sandeep Kumar
... Petitioner(s)
Versus
State of Punjab and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Rajesh Kumar Girdhar, Advocate
for the petitioner(s).
****
AMIT RAWAL, J. (ORAL)
Learned counsel for the petitioner submits that he will be satisfied if a direction is issued to the 4th respondent-Executive Officer, Municipal Council, Bagha Purana, District Moga, to consider the representation dated 02.05.2017 (Annexure P-4) within a stipulated period.
With regard to maintainability of the writ petition, the petitioner relies upon judgment rendered by coordinate bench of this Court in M/s Ludhiana Builders Vs. State of Punjab and others in CWP No.14356 of 2012 on 21.12.2015 wherein placing reliance upon the judgment of Hon'ble Supreme Court, it has been held that it is no longer res integra that contractual disputes involving public law element are amenable to writ jurisdiction and since the respondents, who are instrumentality of State, acted in contravention of Article 14 of the Constitution of India, the writ Court can issue suitable directions to set right the arbitrary actions of the respondents.
1 of 2 ::: Downloaded on - 09-06-2017 02:49:18 ::: CWP-11959-2017 2 Without going into the merits and demerits of the claim of the petitioner, I deem it appropriate to direct 4th respondent-Executive Officer, Municipal Council, Bagha Purana, District Moga, to consider the representation dated 02.05.2017 (Annexure P-4) within a period of two months from the date of receipt of certified copy of this order and shall pass a speaking order thereon. If the claim of the petitioner is found justified, the payment shall be released to the petitioner within a period of two weeks thereafter.
The writ petition stands disposed of with the above direction.
( AMIT RAWAL)
26.05.2017 JUDGE
Yogesh Sharma
Whether speaking/reasoned Yes/ No
Whether Reportable Yes/ No
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