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High Court of Punjab and HaryanaCWP/11930/2022disposed of

Rachpal Singh v. State Of Punjab And Others

2022-08-01Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 01.08.2022 Rachpal Singh -Petitioner

Versus

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

Present:

Mr. Gurbir Singh Sandhu, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 17.09.2020 issued by respondent No.3.

Learned counsel for the petitioner submits that contract for collection of Stoppage fee at Bus Stand, Barnala was allotted to the petitioner for the tenure from 01.03.2019 to 29.03.2020 in an open auction. Petitioner made an application for extension of contract for one year and the same was accepted on 10.02.2020.

Due to COVID-19, petitioner made an application to respondent No.2 for waiving of the fee in the month of March as

-2the petitioner had suffered financial loss due to non-plying of buses.

Respondent No.3 has issued a letter dated 17.09.2020 to the petitioner for depositing the pending amount of Rs.1,23,000/- in the month of March, 2020. Precisely for the relief of waiver, petitioner has already made representation dated 18.10.2021 for withdrawal of letter dated 17.09.2020 and also submitted a representation on 18.02.2022 to respondents No.2 and 3 for waiving of the fee for the month of March 2020 and release security amount of Rs.4,82,200/- in view of situation arising out of COVID-19. Representation made by the petitioner has not been decided so far.

Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied in case his representation is directed to be decided by respondent No.2 by passing a speaking order in accordance with law within a stipulated period.

Notice of motion.

On the asking of the Court, Ms. Aakanksha, A.A.G., Punjab accepts notice on behalf of the respondents. This writ petition is disposed of with a direction to respondent No.2 to consider the pending representation dated

-318.02.2022 got issued by the petitioner and pass appropriate order in accordance with law, preferably within a period of two months from the date of receipt of certified copy of this order. 01.08.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No