M/S Brothers And Co. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 28.08.2019 M/s Brothers and Co. Village Chack Suhalewala, Fazilka ..Petitioner

Versus

State of Punjab and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Ramanpreet Singh Bara, Advocate for the petitioner.

Mr. Ayush Sarna, AAG, Punjab for the respondent -State.

*** Daya Chaudhary, J.

The prayer in the present writ petition is for quashing of orders dated 09.03.2018 (Annexure P-9), whereby the petitioner has been asked to deposit the outstanding amount for the period, which is after the cancellation of contract of the petitioner. A further prayer has also been made for quashing of order dated 30.12.2014 (Annexure P-6), whereby respondent-Department has cancelled the contract in an illegal and arbitrary manner. At the end, a prayer has also been made for issuance of direction to respondents to refund the amount after adjusting the amount of minor minerals sold as directions already issued vide order dated 26.02.2016. Learned counsel for the petitioner at the very outset submits that one similarly situated person, namely, Raghbir Singh, filed CWP

-2No.14571 of 2018, which was disposed of vide order dated 09.07.2019 with a direction to the respondent-State to consider the claim of the petitioner in view of observations made by the Division Bench vide order dated 26.02.2016 and impugned order was set aside. Learned counsel for the petitioner also submits that the petitioner would be satisfied in case, the same directions are issued by this Court.

Learned State counsel submits that a speaking order has been passed by giving specific reasons but he has also not disputed the factum of disposal of the writ petition filed by Raghbir Singh. Heard arguments of learned counsel for the parties and we have also perused the documents available on the file. By considering the submissions made by learned counsel for the parties and in view of the order passed in CWP No.14571 of 2018, the present writ petition is disposed of with a direction to the respondent-State to consider the claim of the petitioner in reference to observations made by the Division Bench vide order dated 26.02.2016 in CWP No.26769 of 2014 and necessary order be passed after giving an opportunity of hearing to the petitioner. However, the petitioner is also directed to cooperate at the time of consideration of his claim.

Accordingly, the impugned orders dated 09.03.2018 (Annexure P-9) and 30.12.2014 (Annexure P-6) are set aside. Respondents are directed to reconsider the case of the petitioner within a period of two months from the date of receipt of certified copy of this order. In case, the petitioner wants to make any representation, the same be filed within a period of one week. The respondents are also directed to give a notice in writing to the

-3petitioner for appearance.

(DAYA CHAUDHARY) JUDGE 28.08.2019 (SUDHIR MITTAL) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable Yes