High Court of Punjab and HaryanaCWP/12288/2017disposed of

Rakesh Kumar v. State Of Punjab & ORS

2017-05-31Mr. Justice Arun Monga2 pages

CWP No.12288 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12288 of 2017 Date of Decision.31.05.2017 Rakesh Kumar Contractor ........Petitioner Vs The State of Punjab and others .....Respondents

Present:

Mr. Tajinder Pal Singh Makkar Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) Learned counsel for the petitioner submits that he will be satisfied if a direction is issued to the 3rd respondent-The Executive Engineer, Abohar Canal Division, Canal Colony, Abohar, District Fazilka to consider the representation dated 31.03.2017 (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 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 PANKAJ KUMAR 2017.06.01 16:58 I attest to the accuracy and integrity of this document

CWP No.12288 of 2017 -2petitioner, I deem it appropriate to direct 3rd respondent-The Executive Engineer, Abohar Canal Division, Canal Colony, Abohar, District Fazilka to consider the representation dated 31.03.2017 (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 31, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.06.01 16:58 I attest to the accuracy and integrity of this document