M/S Shah Kissan Sewa Kender v. State Of Punjab And Others

C.W.P. No. 11583 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 11583 of 2024 Date of decision: 17.05.2024 M/s Shah Kissan Sewa Kender .... Petitioner Vs.

State of Punjab and others .... Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Ms. Anant Bir Singh Sidhu, Advocate for the petitioner.

ARUN PALLI, J (Oral) In essence, the petitioner has prayed for a mandamus commanding respondents No.1 to 4, to allow it to carry out the execution of the transport tender/work for the Mandi Kot Budha in cluster Kot Budha, District Tarn Taran, allotted in its favour. Further, the respondent No.6 be restrained to execute the tender work in Mandi Kot Budha. Served with the advance copy of the petition, Mr. Vipin Pal Yadav, learned Additional Advocate General, Punjab, is present in Court. At the outset, he submits that the petitioner, as regards its concerns/grievances, ought to have invoked Clause 13 of the Punjab Foodgrains Transportation Policy- 2023 (P-1), in the first instance.

And, in any case, he submits that in terms of Clause 14 of the Policy, the petitioner also has the remedy by way of appeal to the competent authority, and even the second appeal thereafter, if occasion so arises. He submits that in the event, the petitioner invokes Clause 13 of the Policy, by moving a comprehensive representation, the same shall be taken cognizance of by the competent authority and appropriate orders, in accordance with law, shall be passed, as expeditiously as possible.

That being so, learned counsel for the petitioner submits that let this petition be disposed of in terms of the statement made by the learned State counsel.

In the wake of the position sketched out above, and in terms of the statements made by learned counsel for the parties, the petition is DEEPAK KUMAR 2024.05.18 10:47 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh disposed of.

C.W.P. No. 11583 of 2024 This Court is sanguine that the authorities shall look into the matter in the right earnest. And, as undertaken by the learned State counsel, the appropriate orders, assigning reasons in support thereof, shall be passed as expeditiously as possible.

Needless to assert that this order shall not constitute any expression of opinion on the merits of the case of either party, for, as indicated above, the competent authority shall examine the concerns/grievances of the petitioner, strictly in accordance with law. (ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 17.05.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.05.18 10:47 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh