High Court of Punjab and HaryanaCWP/2681/2017disposed of

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

2017-02-23Mr. Justice Arun Monga2 pages

CWP No.2681 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2681 of 2017 Date of Decision.23.02.2017 M/s Buildwell Construction Company .......Petitioner Vs State of Punjab and others ........Respondents

Present:

Mr. Rajesh Kumar Girdhar, 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 6th respondent-Executive Engineer, Central Works Division No.1, PWD (B&R) Branch, Amritsar to consider the legal notice dated 02.01.2017 (Annexure P-3) 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 petitioner, I deem it appropriate to direct 6th respondent-Executive Engineer, Central Works Division No.1, PWD (B&R) Branch, Amritsar to consider PANKAJ KUMAR 2017.02.28 11:18 I attest to the accuracy and integrity of this document

CWP No.2681 of 2017 -2the legal notice dated 02.01.2017 (Annexure P-3) within a period 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 February 23, 2017 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2017.02.28 11:18 I attest to the accuracy and integrity of this document