High Court of Punjab and HaryanaCWP/11192/2017disposed of

M/S B.G. Construction Company v. State Of Punjab And ORS

2017-05-22Mr. Justice Amit Rawal2 pages

CWP No.11192 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.11192 of 2017 Date of decision:22.05.2017 M/s B.G.Construction Company ... Petitioner Vs.

The State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rajesh Kumar Girdhar, Advocate for the petitioner.

-.- AMIT RAWAL J. (ORAL) Learned counsel for the petitioner submits that he will be satisfied if a direction is issued to respondent No.4 - The Executive Engineer, Construction Division No.1, P.W.D. (B&R), Ludhiana to consider the legal notice dated 15.04.2017 (Annexure P-2) within a stipulated period. With regard to maintainability of the writ petition, the petitioner relies upon judgment rendered by coordinate bench of this Court in M/s Ludhiana Builders Vs. State of Punjab and others in CWP No.14356 of 2012 on 21.12.2015 wherein placing reliance upon the judgment of Hon'ble Supreme Court, it has been held that it is no longer res integra that contractual disputes involving public law element are amenable to writ jurisdiction and since the respondents, who are instrumentality of State, acted in contravention of Article 14 of the Constitution of India, the Savita 2017.05.30 10:40 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.11192 of 2017 {2} writ Court can issue suitable directions to set right the arbitrary actions of the respondents.

Without going into the merits and demerits of the claim of the petitioner, I deem it appropriate to respondent No.4 - The Executive Engineer, Construction Division No.1, P.W.D. (B&R), Ludhiana to consider the legal notice dated 15.04.2017 (Annexure P-2) within a period of two months from the date of receipt of certified copy of this order and shall pass a speaking order thereon. If the claim of the petitioner is found justified, the payment shall be released to the petitioner within a period of two weeks thereafter.

The writ petition stands disposed of with the above direction. (AMIT RAWAL) JUDGE May 22, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.05.30 10:40 I attest to the accuracy and integrity of this document High Court Chandigarh