Zaildar Contractor Through Its Prop. Gurpal Singh v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.03.2022 Zaildar Contractors -Petitioner

Versus

State of Punjab and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. D.N. Ganeriwala, Advocate, and Ms. Ruby Kaur, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition for the issuance of an appropriate writ in the nature of mandamus directing respondents No.3 and 4 to provide police help for execution of work of labour cartage allocated to the petitioner by way of tender dated 09.03.2022.

The tender was floated by the Department of Food and Civil Supplies, Mansa on 12.02.2022. Petitioner participated in that labour cartage tender and was declared successful as L1 on 25.02.2022. Consequently, the petitioner was awarded the contract of labour cartage for the year 2022-23.

-2Petitioner has also deposited performance security with respondent No.2 in view of terms and conditions of the tender.

Grievance of the petitioner is that respondents No.4 and 5 are not allowing the petitioner to carry out the work assignment as they have threatened the petitioner with dire consequences. The private respondents have interfered in the process of transacting business by the petitioner and are not allowing the labour to do the required work. Petitioner seeks necessary directions from the High Court.

Precisely for the grievance in question, petitioner has also filed representations dated 19.03.2022 before respondents No.3 and 4.

Notice of motion.

On the asking of the Court, Mr. Tarun Vir Singh Lehal, Addl. A.G., Punjab accepts notice on behalf of State of Punjab.

In view of nature of order which this Court proposes to pass, there is no necessity of calling upon any response from the respondents, as no order prejudicial to the interest of any party is being passed.

At this stage, without meaning anything on the merits of the case, this writ petition is disposed of with a direction to

-3respondents No.3 and 4 to take note of pending representations of the petitioner and to ensure that no physical and financial harm are caused to the petitioner while performing tender work. Respondent No.3 would be obligated to look into the grievance of the petitioner and ensure free and smooth transportation of goods as per terms and conditions of tender allocated to the petitioner in accordance with law.

It would be appreciated if the representations of the petitioner are decided or dealt with in accordance with law, preferably within a period of one month from the date of receipt of certified copy of this order.

28.03.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.

Whether speaking/reasoned :

Yes/No 2.

Whether reportable :

Yes/No