M/S Friends Electrical Store v. State Of Punjab Through Its Principal Secretary

C.W.P. No. 27829 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 27829 of 2024 Date of decision: 16.10.2024 M/s Friends Electrical Store .... Petitioner Vs.

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Shiv Kumar, Advocate and Mr. Raman Kaplish, Advocate for the petitioner.

ARUN PALLI, J (Oral) Contends that the Department of Food Civil Supplies and Consumer Affairs, Punjab, invited tenders for labour in PEG Godowns of District Fazilka, as also for labour in various clusters in district Fazilka. And, for labour and cartage of food grains in various PEG Godowns of district Faridkot, under the Punjab Food Grains Labour and Cartage Policy, 2024 (Policy 2024). It is submitted that in response to the NIT, albeit the petitioner, along with others participants, submitted its bids but, in terms of the proceedings of the District Tender Committee, dated September 06, 2024, it was declared non-responsive/ineligible. Resultantly, per the Policy, 2024, the petitioner preferred three separate appeals (P-2, P-3 and P-4) before the first appellate authority (Director-cum-First Appellate Authority, DFCS, Punjab).

It is submitted that all the three appeals were filed on September 11, 2024. And the two appeals (P-2 and P-3), as regards district Fazilka, were even partly heard on September 20, 2024, but were adjourned to September 23, 2024; then to September 27, 2024 and thereafter to October 07, 2024. But, since then no further date has been notified. Similarly, the third appeal (P-4), for district Faridkot, was fixed for October 14, 2024, but was not heard. Accordingly, it is urged that even though, the petitioner has also moved formal applications for interim stay along with the appeals, but as the matter continues to remain pending and no effective DEEPAK KUMAR 2024.10.

C.W.P. No. 27829 of 2024 orders have been passed to date, the rights/interest of the petitioner are gravely impaired.

Served with the advance copy of the petition, Mr. Vipin Pal Yadav, learned Additional Advocate General, Punjab, for the respondents, is present in Court. He, on instructions from Inspector Prateek, informs that all the three appeals are listed for today before the first appellate authority and every possible endeavour shall be made to consider and decide the same today itself. However, he submits that if for any unforeseeable circumstance, it is not viable for the appellate authority to conclude the matter, the same shall be disposed of within a week from today. That being so, learned counsel for the petitioner submits that nothing substantive survives in this petition and the same be disposed of in terms of the statement made by the learned State counsel. In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.

This Court is sanguine that the authority shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned State counsel, assigning reasons in support thereof. Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (VIKRAM AGGARWAL) JUDGE 14.10.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.10.18 10:32 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh