Harjinder Kumar v. State Of Punjab And Others

C.W.P. No. 29024 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 29024 of 2024 Date of decision: 24.10.2024 Harjinder Kumar .... Petitioner Vs.

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

Present:

Mr. Munish Bhardwaj, Advocate for the petitioner.

ARUN PALLI, J (Oral) The petitioner (Harjinder Kumar) has prayed for the following substantive relief:

"Civil Writ petition under Articles 226/227 of the Constitution of India for the issuance of appropriate writ, order or direction especially in the nature of certiorari quashing the order dt. 09.09.2024 (Annexure P-4) issued by respondent No.4 vide which contract of petitioner to run Cycle Stand at Civil Hospital Phillaur has been suspended till decision is received from the higher authorities;

Issue writ of mandamus directing the respondents not to cancel the contract of the petitioner to run the cycle stand at Civil Hospital, Phillaur."

Learned counsel for the petitioner, at the outset, submits that prior to the institution of this petition, the petitioner had even served the respondent authorities with a representation dated 20.09.2024 (P-5), but to no avail.

Served with the advance copy of the petition, Mr. Vipin Pal Yadav, learned Additional Advocate General, Punjab, is present in Court on behalf of the respondents. At the outset, he, on instructions, submits, for the competent authority is already in seisin of the matter, it would be expedient, if the petition is disposed of, at this stage, to enable the respondent DEEPAK KUMAR 2024.10.25 11:31 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh authorities to consider the claim of the petitioner and pass necessary orders,

C.W.P. No. 29024 of 2024 in accordance with law. Further, he submits that before any such orders are passed, the petitioner, shall also be heard. And, a formal communication in this regard will be issued, well in advance.

Learned counsel for the petitioner is agreeable to the course suggested by the learned State counsel and submits that let the petition be disposed of in terms of the statement made by him. However, he submits that the matter being time sensitive, the competent authority be directed to consider and finally decide the matter within a specified time. To this, learned State counsel submits that the necessary orders in this regard shall be passed within two weeks from today. 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 24.10.2024 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2024.10.25 11:31 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh