Allowed

Subhash Chand & Anr. v. State of Punjab etc.

Punjab & Haryana HC16 Apr 2013CRM-M/12378/2013

Case brief

AI extract

What is this about?

Petitioners awarded a food grain transportation contract face threats and obstruction from a rival truck union. Relying on prior judgments regarding similar disputes, this Court directed the State to provide police protection to ensure the lawful execution of the contract.

What did the court decide?

Direction to respondent no. 2 to act upon the representation and ensure no obstruction by respondent no. 4 (Truck Union) in the lawful performance of the petitioners' contractual work.

Subhash Chand & Anr. Vs State of Punjab etc. — Company and Corporate | Punjab & Haryana HC (2013)

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CRM-M No. 12378 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M No. 12378 of 2013(O&M) Date of Decision:- 16.4.2013

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Subhash Chand and another ..............Petitioners

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vs.

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State of Punjab and others ........Respondents

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CORAM:- HON'BLE MR. JUSTICE G.S. SANDHAWALIA

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Present:Mr. Vivek Sharma, Advocate, for the petitioners.

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G.S. SANDHAWALIA, J. (ORAL)

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Crl. Misc. No. 21855 of 2013

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Application filed under Section 482 Cr.P.C. seeking exemption from filing the certified copies of Annexures and vernacular is allowed, in view of the averments made in the application, which are duly supported by an affidavit.

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CRM-M No. 12378 of 2013

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The present petition has been filed under Section 482 Cr.P.C. for issuance of a direction to respondents no.1 to 3 to provide police protection to the petitioners and their agents to execute the work of transportation of food grains as the private respondent, a rival truck union (respondent no.4) are threatening the petitioners that they will not be allowed to execute the work and if they attempt to do so, the trucks will be destroyed.

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The pleaded case of the petitioners is that petitioner no.1 had been awarded the contract of transportation of food grains from Sherpur,

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CRM-M No. 12378 of 2013 (O&M)

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Haidon to Machhiwara whereas petitioner no.2 had been awarded tender of labour and cartage in Machhiwara depot of the procurement agencies of the State. Respondent no.4 did not allow them to operate in the Mandi and accordingly, a representation dated 12.4.2013 has been submitted to respondent no.2 for providing police protection.

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Counsel for the petitioners submits that earlier also direction has been issued by this Court in Civil Writ Petition No.2607 of 2011Subhash Chander Vs. State of Punjab and others decided on 11.2.2011 wherein reliance has been placed upon a Division Bench judgment of this Court in Civil Writ Petition No.18143 of 2006 Manjinder Singh Vs. State of Punjab and others. The dispute in that case also pertained to the local truck operator union, who was obstructing in the lawful performance of the contractual work.

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Keeping in view the above facts, the respondent no.2 is directed to act upon the representation (Annexure P-2) of the petitioners in accordance with law in view of the directions issued by this Court in the aforementioned cases and to ensure that no obstruction/interference is made by respondent no.4- Truck Union in lawful performance of the contractual work by the petitioners.

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The writ petition is disposed of accordingly.

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16.04.2013 Pka

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(G.S. Sandhawalia) Judge

Subhash Chand & Anr. v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Subhash Chand & Anr. v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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