Manjinder Singh v. The Appellate Authority, The Punjab State Civil Supplies Corporation Limited And Another

CWP No.25194 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.25194 of 2024 (O&M) Date of decision: 30.09.2024 Manjinder Singh ....Petitioner

Versus

The Appellate Authority, Punjab State Civil Supplies Corporation Limited and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Tahaf Bains, Advocate for the petitioner. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondent - Corporation not to effect recovery from the petitioner pending the decision of the application for stay made in the appeal dated 23.09.2024 (Annexure P-2) filed by the petitioner against the orders dated 09.09.2024/11.09.2024 (Annexure P-1) passed by respondent No.2 whereby recovery has been imposed solely upon the petitioner with regard to loss on account of delivery of less storage gain and due to rejection of wheat stock on account of prolonged storage which was finally lifted in the year 2017 i.e. after a period of almost five years. Further prayer has been made to direct respondent No.

1 to decide the application for stay made along with the appeal dated 23.09.2024 (Annexure P-2) filed by the petitioner against the order dated 09.09.2024/11.09.2024 (Annexure P-1) passed by respondent No.2. MOHD YAKUB 2024.09.

CWP No.25194 of 2024 (O&M) 2.

Learned counsel for the petitioner relies upon order dated 29.08.2024 (Annexure P-5) passed by this Court in CWP-21166-2024 titled as "Gagandeep Singla @ Gagandeep vs The Appellate Authority and another" and prays for deciding the appeal as well as application for stay filed by the petitioner dated 23.09.2024 (Annexure P-2) expeditiously by passing a speaking order in a time-bound manner. 3.

Notice of motion.

4.

Mr. Manbir Singh Batth, Advocate, accepts notice on behalf of the respondents and has filed his memorandum of appearance and submits that the appeal filed by the petitioner shall be decided expeditiously.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

In view of the aforesaid stand of the learned counsel for the respondents, the present petition is disposed of with direction that the appeal as well as the application for stay dated 23.09.2024 (Annexure P-2) pending before the Appellate Authority shall be decided within a period of six months from the date of receipt of certified copy of this order. Further recovery from the petitioner shall remain stayed and would be subject to the final order that may be passed by the Appellate Authority.

7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 30.09.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.09.30 19:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh