M/S Walmart India Pvt Ltd (Best Price Modern Wholesale) And ANR v. State Of Punjab And Others



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.12579 of 2021(O&M) Date of Decision: 21.12.2021 M/s Walmart India Pvt. Ltd (best price modern wholesale) and another ......Petitioners Vs State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. B.S. Bhatia, Advocate for the petitioners.

Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab.

**** RAJ MOHAN SINGH, J.(Oral) This petition has been preferred for the issuance of an appropriate direction or writ in the nature of mandamus, directing the respondents to remove illegal blockade created by the protestors outside the premises of the petitioner. Notice of motion was issued on 13.07.2021 by passing the following order:- "This matter is being taken up for hearing through video conferencing due to outbreak of pandemic, COVID-19.

Learned counsel for the petitioners submits that petitioners are operating a store namely 'Best Price

Modern Wholesale' at Bathinda. Due to ongoing blockade outside petitioners' premises since 25.09.2020, petitioners are unable to resume commercial activity. Ingress and egress to the premises is not possible. Learned counsel further submits that large quantities of edible and perishable goods lying on the premises have gone to waste having expired but even these cannot be removed from the premises.

Notice of motion.

Mr. Gaurav Dhuriwala, Sr. Dy. A.G., Punjab, to whom an advance copy of paper book has been supplied, accepts notice on behalf of all the respondents and prays for some time to file status report.

At request of learned counsel for the State, adjourned to 30.07.2021.

 

    
 Thereafter, on 30.07.2021, the State was directed to file status report by observing that in the meantime, apart from taking necessary steps for removal of blockage, earnest efforts be made to ensure that the petitioner is able to remove the goods, shelf life of which has expired or is going to expire within three months.

Today, learned State counsel on instructions from Aaswant Singh, DSP City-II submits that the blockade has been

removed completely and there is no encroachment or hindrance at the site.

Learned counsel for the petitioner submits that this petition may be disposed of, however, with a liberty to the petitioner that in case, statement of fact made by learned State counsel is ultimately found to be untrue, the petitioner may rake up the issue afresh in accordance with law.

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) 21.12.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No