M/S Harinder Enterprises v. the State of Punjab and Others

Punjab & Haryana HC26 May 2025CWP/4570/2025

Case brief

AI extract

What is this about?

CWP-4570-2025 (O&M); M/s Harinder Enterprises v. State of Punjab and others; Article 226 Constitution of India; payment of work done ₹20,56,462 outstanding; representations Annexure P-4 and P-5; speaking order dated 28.02.2025 (Annexure R-5/2); compliance affidavit dated 07.04.2025; Deputy Commissioner Amritsar letter 26.12.2024; reminder dated 20.03.2025; respondent No.2 directed to respond within two months; liberty to seek revival of writ petition; CM-8104-CWP-2025 allowed; Kuldeep Tiwari, J.; disposed of 26.05.2025.

What did the court decide?

Direction to respondent No.2 to respond to the speaking order and the letters/reminder within two months after receipt of a certified copy of the order; liberty reserved to the petitioner to seek revival of the writ petition in case of non-compliance. ¶¶35

M/S Harinder Enterprises Vs the State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the State authorities would take a final decision on the petitioner's representations (Annexure P-4 and P-5) and act on the speaking order admitting the outstanding payment for works done, given their failure to respond to the Deputy Commissioner's letter dated 26.12.2024 and the reminder dated 20.03.2025.

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Court's answer

The writ petition is disposed of with a direction upon respondent No.2 to ensure making a response to the speaking order dated 28.02.2025 and the letters/reminder within two months after receipt of a certified copy of the order.

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Ratio / Principle

CM-8104-CWP-2025 (application for preponing the hearing) is allowed in view of the learned State counsel's 'No Objection', and the main case is taken on board the same day.

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Key takeaways

Liberty is reserved to the petitioner to institute an appropriate application for revival of the writ petition in case of non-compliance by respondent No.2.ratio¶¶34

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Kuldeep Tiwari, J.) — CWP-4570-2025 (O&M), decided 26.05.2025. M/s Harinder Enterprises approached the Court under Article 226 of the Constitution aggrieved by the indolent approach of the State authorities in not deciding its representations (Annexure P-4 and P-5) for release of ₹20,56,462/- found outstanding towards it for works executed. Pursuant to this Court's order dated 19.02.2025 directing respondent no.5 to decide the representations within 02 weeks, a compliance affidavit dated 07.04.2025 was filed with a speaking order dated 28.02.2025 (Annexure R-5/2) admitting the outstanding payment; however, despite the Deputy Commissioner, Amritsar's letter dated 26.12.2024 and respondent No.5's reminder dated 20.03.2025, respondent No.2 had made no response. The Court disposed of the writ petition with a direction to respondent No.2 to respond to the speaking order and letters/reminder within two months of receipt of a certified copy of the order, reserving liberty to the petitioner to seek revival of the petition in case of non-compliance.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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107 CWP-4570-2025 (O&M) Date of Decision : May 26, 2025

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M/S HARINDER ENTERPRISES -PETITIONER

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V/S

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THE STATE OF PUNJAB AND OTHERS -RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Rajesh Kumar Girdhar, Advocate with Ms. Kirandeep Kaur, Advocate and Ms. Kashakdeep Kaur, Advocate for the petitioner.

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Mr. Pardeep Bajaj, D.A.G., Punjab.

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KULDEEP TIWARI, J. (ORAL)

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CM-8104-CWP-2025

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Through the instant application, prayer is made for preponing the date of hearing of the main case, on the ground that, the authority(ies) has, by passing a speaking order, admitted the payment of work done to be outstanding towards the petitioner.

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The learned State counsel extends his ‘No Objection’ for allowing the instant application. Therefore, the instant application is allowed and the main case is taken on board today itself for hearing.

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CWP-4570-2025 (O&M)

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In deference to the hereinafter extracted order passed by this Court on 19.02.2025, the learned State counsel has placed on record a compliance affidavit dated 07.04.2025, which is accompanied by a speaking order dated 28.02.2025 (Annexure R-5/2).

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“The main grievance which propelled the present

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DEVINDER YADAV 2025.05.30 12:31 I attest to the accuracy and authenticity of this order/judgment

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CWP-4570-2025 (O&M)

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petitioner to approach this Court by casting instant petition under Article 226 of the Constitution of India, is the indolent and lackadaisical approach of the authority concerned, in not deciding their representations (Annexure P-4 and P-5).

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Notice of motion.

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Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of all the respondents, and waives service.

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Adjourned to 25.03.2025.

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The competent authority amongst the respondent, i.e. respondent no.5, is directed to make its all endeavours to take final decision on the representations (Annexure P-4 and P-5), within a period of 02 weeks from today, and a copy of the decision, so taken, shall be placed on record, positively, on or before the next date of hearing.

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In case the compliance of the aforesaid direction is not made, respondent no.5 shall cause his personal appearance before this Court, on the next date of hearing.

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To be shown in the urgent list.

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It is made clear that no further request for an adjournment shall be entertained on the next date of hearing, on behalf of either of the parties.”

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The compliance affidavit reveals that, a sum of ₹ 20,56,462/is found outstanding towards the petitioner in respect of works done by it. It also surges forth from perusal of the compliance affidavit that, the Deputy Commissioner, Amritsar, has already, way back on 26.12.2024, issued a letter to the respondent No.2, thereby seeking release of the funds in question, however, no action or response has been made thereon. Now, a reminder dated 20.03.2025 has again been sent by the respondent No.5 to the respondent No.2, thereby seeking release of the requisite funds.

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In view of the above, at this stage, this Court deems it appropriate to dispose of the instant writ petition with a direction upon the

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DEVINDER YADAV 2025.05.30 12:31 I attest to the accuracy and authenticity of this order/judgment

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CWP-4570-2025 (O&M)

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respondent No.2, to ensure making response to the speaking order and letters/reminder (supra) within two months after receipt of a certified copy of this order.

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Moreover, liberty is also reserved to the petitioner to, in case of non-compliance by the respondent No.2, institute an apt application for revival of the instant writ petition.

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5. Disposed of accordingly.

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May 26, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
Whether speaking/reasoned	:	Yes/No
Whether Reportable	:	Yes/No

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DEVINDER YADAV 2025.05.30 12:31 I attest to the accuracy and authenticity of this order/judgment

M/S Harinder Enterprises v. the State of Punjab and Others

Case brief

What is this about?

What did the court decide?

M/S Harinder Enterprises v. the State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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