Roshan Lal v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 11030 of 2018 Decided on : 10.05.2018 Roshan Lal . . . Petitioner

Versus

State of Punjab and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA PRESENT: Ms. Harpreet Kaur, Advocate for Mr. K.K. Goel, Advocate for the petitioner.

Mr. Avinit Avasthi, Asstt. AG, Punjab for respondents No.1 to 4.

Mr. Anurag Chopra, Advocate for respondent No.5.

**** AJAY KUMAR MITTAL, A.C.J.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of Mandamus, for direction to respondents No.3 and 4 to consider the technical bid of the petitioner. Further, a writ of Certiorari has been sought for quashing the contract awarded in favour of respondent No.5. A further prayer for restraining respondent No.5 from executing the awarded work of labour cartage of cluster Moga, has also been made.

2.

Notice of motion was issued but no reply in response thereto has been filed on behalf of the respondents.

3.

Learned counsel for the petitioner has submitted that for the relief claimed in the writ petition, the petitioner had moved a representation dated Jawala Ram 2018.05.14 14:43 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 11030 of 2018 - 2 - 24.04.2018 (Annexure P-5) to respondent No.3, but no action has so far been taken thereon. He, however, prayed that liberty be granted to the petitioner to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.

4.

After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the controversy, we dispose of the present petition by granting liberty to the petitioner to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition, before appropriate authority/respondent No.3 within a period of one week. It is directed that in the event of a representation being filed by the petitioner within the aforesaid period of one week from the date of receipt of the certified copy of the order, the same shall be decided by respondent No.3, in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner as well as respondent No.5 within a period of next one week from the date of receipt of representation. The petitioner shall be entitled to lead any evidence to substantiate his claim before the concerned authority.

(AJAY KUMAR MITTAL) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE May 10, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2018.05.14 14:43 I attest to the accuracy and authenticity of this document Chandigarh