M/S Harinder Enterprises v. The State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : May 26, 2025 M/S HARINDER ENTERPRISES -PETITIONER V/S THE STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Rajesh Kumar Girdhar, Advocate with Ms. Kirandeep Kaur, Advocate and Ms. Kashakdeep Kaur, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) CM-8104-CWP-2025 1.

Through the instant application, prayer is made for preponing the date of hearing of the main case, on the ground that, the authority(ies) has, by passing a speaking order, admitted the payment of work done to be outstanding towards the petitioner.

2.

The learned State counsel extends his 'No Objection' for allowing the instant application. Therefore, the instant application is allowed and the main case is taken on board today itself for hearing. CWP-4570-2025 (O&M) 3.

In deference to the hereinafter extracted order passed by this Court on 19.02.2025, the learned State counsel has placed on record a compliance affidavit dated 07.04.2025, which is accompanied by a speaking order dated 28.02.2025 (Annexure R-5/2).

"The main grievance which propelled the present

petitioner to approach this Court by casting instant petition under Article 226 of the Constitution of India, is the indolent and lackadaisical approach of the authority concerned, in not deciding their representations (Annexure P-4 and P-5). Notice of motion.

Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of all the respondents, and waives service. Adjourned to 25.03.2025.

The competent authority amongst the respondent, i.e. respondent no.5, is directed to make its all endeavours to take final decision on the representations (Annexure P-4 and P-5), within a period of 02 weeks from today, and a copy of the decision, so taken, shall be placed on record, positively, on or before the next date of hearing.

In case the compliance of the aforesaid direction is not made, respondent no.5 shall cause his personal appearance before this Court, on the next date of hearing. To be shown in the urgent list.

It is made clear that no further request for an adjournment shall be entertained on the next date of hearing, on behalf of either of the parties."

2.

The compliance affidavit reveals that, a sum of ₹ 20,56,462/- is found outstanding towards the petitioner in respect of works done by it. It also surges forth from perusal of the compliance affidavit that, the Deputy Commissioner, Amritsar, has already, way back on 26.12.2024, issued a letter to the respondent No.2, thereby seeking release of the funds in question, however, no action or response has been made thereon. Now, a reminder dated 20.03.2025 has again been sent by the respondent No.5 to the respondent No.2, thereby seeking release of the requisite funds. 3.

In view of the above, at this stage, this Court deems it appropriate to dispose of the instant writ petition with a direction upon the

respondent No.2, to ensure making response to the speaking order and letters/reminder (supra) within two months after receipt of a certified copy of this order.

4.

Moreover, liberty is also reserved to the petitioner to, in case of non-compliance by the respondent No.2, institute an apt application for revival of the instant writ petition.

5.

Disposed of accordingly.

(KULDEEP TIWARI) May 26, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No