Hargyan Khaylia And Others v. State Of Haryana And Others

C.W.P. No. 12391 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.12391 -2022 Date of decision: 15.09.2025 Sh. Hargyan Khyalia and others .... Petitioners Vs.

State of Haryana and others .... Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. R.K. Doon, Advocate, for the petitioners.

Mr. Bhupender Singh, Addl. A.G. Haryana.

Mr. Jagbir Malik, Advocate, for respondent No.3.

Mr. Anupam Singla, Advocate, for respondent No.4.

KULDEEP TIWARI, J (Oral) 1.

Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a writ in the nature of certiorari for setting aside the impugned order dated 05.04.2022 (Annexure P-1) and inquiry order dated 31.01.2022 (Annexure P-2), passed by respondents no.3 and 4, respectively.

2.

At the outset, learned counsel for the respondents submits that the impugned orders, in fact, are appealable. He further submits that some of the contractors have preferred an appeal which is pending before the Appellate Court, in which a stay is operating in their favour. He further submits that they have no objection if the petitioners are relegated to the Appellate Authority concerned, at the first instance. 3.

Learned counsel for the petitioners submits that he may be permitted to approach the Appellate Authority for filing a statutory appeal and to assail the validity of the impugned order. However, he submits that, now, delay would come in his way.

4.

This Court considered the submissions made by the learned counsel for the parties, and of the view that the instant petition can be DEEPAK KUMAR 2025.09.22 11:13 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh

C.W.P. No. 12391 of 2022 disposed for with a mandamus upon the Appellate Authority concerned that, in case the petitioner prefers a statutory appeal, within a period of four weeks from the date of passing of this Court, along with the application for condonation of delay, the authority concerned, shall decide the same considering the fact that the petitioner approached this Court and filed the instant petition way back on 30.05.2022, which remained pending till date, and also consider the other mitigating circumstances sympathetically, before taking any decision on such application.

5.

Disposed of, accordingly.

(KULDEEP TIWARI) JUDGE 15.09.2025 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2025.09.22 11:13 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh