Sangrur Quality Printers v. State Of Punjab And Another

CWP-8903-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-8903-2019 Date of Decision: April 02, 2019 M/s Sangrur Quality Printers, Sangrur

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE. HON'BLE MR. JUSTICE ARUN PALLI, JUDGE.

Present:

Mr. V.K. Jindal, Senior Advocate, with Mr. Gopal Soni, Advocate, for the petitioner.

ARUN PALLI, J. (ORAL) What has been assailed in the petition at hands is the order dated 14.09.2011 (Annexure P-1), whereby the respondent-authorities had blacklisted the petitioner for an indefinite period. The limited grievance that the petitioner has is that order of permanent blacklisting, and that too without affording any notice or opportunity of hearing to the petitioner, is unsustainable. We have heard learned Senior counsel for the petitioner, and perused the records.

On being pointedly asked as to how this petition can be entertained after over seven years of the passing of the order under challenge, it is submitted that even though the petitioner has been remiss in pursuing its cause and a considerable time has elapsed since passing of the PRASHANT KAPOOR 2019.04.04 10:49 I attest to the accuracy and authenticity of this document

CWP-8903-2019 impugned order, but the cause of action is continuous in nature and the petitioner continues to be a victim of the order under challenge. The argument advanced by the learned Senior counsel has merit and we are of the considered view that this petition does not deserve to be dismissed on the ground of delay and laches. However, upon being asked if the petitioner in all these years after passing of the impugned order had even once represented to the respondent authorities as regards its grievance against the order of permanent blacklisting, it is submitted that the petitioner never approached the respondents in this regard post passing of the impugned order. Faced with this, it is urged that let this petition be disposed of with liberty to the petitioner to represent to the respondents as regards its grievance in the first instance and the authorities be directed to deal therewith within a specified time.

In the wake of the above and without commenting upon the merits of the case, we dispose of this petition only with a direction to the respondents that in the event the petitioner submits any representation, as indicated above, the same shall be considered and appropriate orders in accordance with law shall be passed thereupon after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the receipt of a certified copy of the order. (KRISHNA MURARI) (ARUN PALLI) CHIEF JUSTICE JUDGE April 02, 2019 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO PRASHANT KAPOOR 2019.04.04 10:49 I attest to the accuracy and authenticity of this document