Ms Khuushi Service Solutions v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 109-2 Date of Decision : April 21, 2025 M/S KHUUSHI SERVICE SOLUTIONS -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Bhupeshwar Jaswal, Advocate for the petitioner.

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

Mr. Prateek Gupta, Advocate for Election Commission of India.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer is made for issuance of directions upon the respondents No.2 and 3, to make payment of pending bills amounting to ₹ 15,65,553/- along with 18% interest to the petitioner, for providing transportation services during the Lok Sabha Elections 2024 of 06-Shri Anandpur Sahib Constituency. 2.

Since the gravamen of the lis, as encapsulated in this writ petition, is centered upon the indolent and lackadaisical approach of the authority(ies) concerned inasmuch as despite repeated requests and lapse of considerable time, neither the payment of the bill(s) has been made to the petitioner, nor any decision has been made on petitioner's legal notice (Annexure P-6), therefore, this Court, vide order dated 28.02.2025, directed the Deputy Commissioner concerned to make final decision on petitioner's legal notice within five weeks therefrom.

3.

In deference to the directions (supra), a speaking order was passed by the Deputy Commissioner concerned on 02.04.2025, whereby, although an amount of ₹ 10,59,373/- was ordered to be disbursed, however, an amount of ₹ 3,30,841/- was ordered to be withheld on account of some dispute between private individual(s) and the petitioner. 4.

This Court, vide order dated 07.04.2025, took cognizance of the issue as to how the Deputy Commissioner concerned could order to withhold an amount merely on account of some dispute between private individual(s) and the petitioner, and accordingly, sought clarification from the officer as to whether he/she has any statutory or contractual obligation to adjudicate the dispute between private individual(s) and the petitioner. 5.

In deference to the order (supra), today the learned State counsel has filed a short reply dated 19.04.2025, on affidavit of Ankurjit Singh, I.A.S., Deputy Commissioner, District Shaheed Bhagat Singh Nagar, which is taken on record. The short reply makes revelations that, now the amount of ₹ 3,30,841/- has also been paid to the petitioner, vide cheque No.662202 dated 16.04.2025.

6.

The learned counsel for the petitioner submits that, although the amount of ₹ 3,30,841/- has also been paid, however, the grievance of the petitioner still subsists inasmuch as the dispute is with regard to a total amount of ₹ 15,65,553/-.

7.

Be that as it may, a considerable amount has already been paid to the petitioner and in case, the petitioner has any grievance with regard to payment of the balance amount, he is at liberty to approach the Deputy Commissioner concerned by filing a detailed representation. In

case, the petitioner files any representation in the above regard, the Deputy Commissioner concerned shall make an endeavour to decide the same expeditiously.

8.

Disposed of accordingly.

(KULDEEP TIWARI) April 21, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No