Yogesh Kumar v. State Of Punjab And Others

2023:PHHC:137544-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24078-2023 (O&M) Date of decision:- 20.10.2023 Yogesh Kumar

...Petitioner(s)

Versus

The State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Rajesh Kumar Girdhar, Advocate, for the petitioner.

Ms. Anu Pal, Senior Deputy Advocate General, Punjab. * * * * RITU BAHRI, A.C.J. (ORAL) The petitioner has referred to the letter dated 01.04.2021 (Annexure P-8) wherein it has been specifically observed by the Executive Engineer, Construction Division, B&R Branch, Rupnagar that the work allotted to the petitioner could not be commenced due to expiry of the bid validity period of 120 days and as Covid-19 pandemic had set in and in this backdrop a recommendation was made to return the forfeited earnest money. A legal notice dated 10.10.2022 (Annexure P-9) was issued by the petitioner to the respondent-authorities in response whereto they sent a reply dated 03.02.2023 (Annexure P-10), wherein it is stated that there was a delay in issuance of allotment letter of work due to prevailing corona pandemic and certain restrictions which were prevailing during that time and in this backdrop the allotment letter was issued on 01.05.2020. Notice of motion.

Ms. Anu Pal, learned Senior Deputy Advocate General, Punjab, accepts notice on behalf of the respondents.

The writ petition is being allowed with a direction to the respondent-authorities to release the petitioner's earnest money of Rs. 4,72,370/- and tender fees alongwith interest at the rate of 12% per annum within a period of four weeks.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 20.10.2023 Amodh Sharma AMODH SHARMA 2023.10.21 14:59 I attest to the accuracy and authenticity of this order/judgement Whether speaking/reasoned Yes/No Whether reportable Yes/No