Prem Chand And Others v. State Of Haryana And Others

CWP-24565-2018 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (101) CWP-24565-2018 (O&M) Date of decision:- 08.12.2025 Prem Chand and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr.Munish Kamboj, Advocate, for Mr. C.M.Munjal, Advocate for the petitioners.

Mr. Deepak Vashisth, Deputy Advocate General, Haryana. ...

SUVIR SEHGAL, J. (Oral) 1.

This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing the respondents to release the margin money, which was deposited by them at the time of issuance of ration depot licenses under the Haryana Public Distribution System (Licensing and Control) Order. 2.

Counsel for the petitioners states that bills, Annexure P-1, for release of margin money, w.e.f., January 2016 to March 2017, were raised by petitioners and cheques dated 10.07.2017 and 30.06.2017, Annexure P-2, for refund were prepared. However, cheques were never handed over to the petitioners, despite repeated communications and representations, Annexures P-4 to P-7. PARDEEP NAUTIYAL 2025.12.12 13:46 I attest to the accuracy and authenticity of this order/judgment

CWP-24565-2018 (O&M) -23.

Upon notice, writ petition has been contested by respondents No. 1 to 4, by filing detailed response, wherein it has been submitted that the depot licenses of the petitioners were suspended on 17.04.2017, and appeal preferred by petitioners was dismissed on 15.05.2018. A detailed enquiry, Annexure R-1, was conducted and it was found that petitioners have lifted excess wheat. An FIR has been registered against the petitioners and some of the officials of the department. A categoric stand has been taken that the margin money has been withheld till the finalization of the cases pending against the petitioners. 4.

State counsel has also raised an objection that these vital facts have been concealed by the petitioners. He asserts that suspension of the license, dismissal of the appeal and pendency of cases have not been brought to the notice of this Court and petitioners have deliberately approached this Court with tainted hands.

5.

Considering the stand taken by respondents No.1 to 4, and submissions made by the State counsel, this Court is of the view that no relief can be granted to the petitioners. A person, who approaches the Court with tainted hands and suppresses crucial facts, is not entitled to invoke the extra-ordinary writ jurisdiction of this Court 6.

Petition is dismissed, though with no order as to costs. 7.

Pending application stands disposed of.

(SUVIR SEHGAL) JUDGE 08.12.2025 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No PARDEEP NAUTIYAL 2025.12.12 13:46 I attest to the accuracy and authenticity of this order/judgment