Punjab-Haryana High Court
Bir Co.Op L&C; Society Ltd vs State Of Punjab And Ors on 3 March, 2017
Author: Amit Rawal
Bench: Amit Rawal
CWP No.4361 of 2017 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.4361 of 2017
Date of Decision.03.03.2017
The Bir Co.op L & C Society Ltd. .......Petitioner
Vs
State of Punjab and others ........Respondents
Present: Mr. Rajesh Kumar Girdhar, Advocate
for the petitioner.
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
-.-
AMIT RAWAL J. (ORAL)
Learned counsel for the petitioner submits that he will be satisfied if a direction is issued to the 4th respondent-The Executive Engineer, Eastern Canal Division to consider the legal notice dated 02.02.2017 (Annexure P-3) 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.
Without going into the merits and demerits of the claim of the petitioner, I deem it appropriate to direct 4th respondent-4th respondent-The Executive Engineer, Eastern Canal Division, Ferozepur to consider the legal 1 of 2 ::: Downloaded on - 11-03-2017 10:35:24 ::: CWP No.4361 of 2017 -2- notice dated 02.02.2017 (Annexure P-3) within a period 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)
JUDGE
March 03, 2017
Pankaj*
Whether speaking/reasoned Yes
Whether reportable No
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