Ms Shree Ganesh Constructions Vs the State… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Ms Shree Ganesh Constructions Vs the State… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Writ petition closed/disposed of: principal claim of ₹ 9,01,804/- admitted by respondents and in process of release (upon receipt of requisite funds from the Punjab Mandi Board); interest claim rejected; petitioner left at liberty to pursue the interest grievance through appropriate legal recourse.

Issue for consideration

Whether, in view of the speaking order dated 15.04.2025 (admitting the principal claim and rejecting the interest claim) and the outstanding amount being in process of release, any further direction was required and how the writ petition should be disposed of. +1 more

Court's answer

The Court recorded that the speaking order dated 15.04.2025 shows the petitioner's principal amount claim of ₹ 9,01,804/- has been admitted by the respondents and will be released upon receipt of requisite funds from the Punjab Mandi Board.

Ratio / Principle

The petitioner's claim for payment of interest stands rejected in the speaking order dated 15.04.2025.

Key takeaways

Since a speaking order has already been passed on the petitioner's representation and the outstanding amount is in the process of being released, no further direction is required and the instant writ petition is closed.ratio¶26
In case the petitioner has any grievance with regard to the rejection of its claim for payment of interest, it is at liberty to take the apposite legal recourse for redressal thereof.ratio¶26

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Chandigarh), CWP-6266-2025, decided 01.05.2025 (Kuldeep Tiwari, J., oral): Writ petition by M/s Shree Ganesh Constructions under Article 226 of the Constitution against the State of Punjab & others, prompted by the respondents' failure to decide the petitioner's representation dated 04.02.2025 (Annexure P4). By interim order dated 06.03.2025, respondent no.4 was directed to pass a speaking order on the representation within 06 weeks, failing which his personal appearance was required; the matter was listed to be heard alongwith CWP-5903-2025. In compliance, the State produced a speaking order dated 15.04.2025 admitting the petitioner's principal claim of ₹ 9,01,804/- (to be released upon receipt of requisite funds from the Punjab Mandi Board) and rejecting its claim for payment of interest. Holding that no further direction was required since the outstanding principal was in process of release, the Court disposed of (closed) the writ petition, leaving the petitioner at liberty to take appropriate legal recourse against the rejection of its interest claim.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

109-2 CWP-6266-2025 Date of Decision : May 01, 2025

M/S SHREE GANESH CONSTRUCTIONS -PETITIONER

V/S

THE STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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

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

KULDEEP TIWARI, J. (ORAL)

In deference to the hereinafter extracted order passed by this Court on 06.03.2025, today the learned State counsel has placed on record the speaking order dated 15.04.2025, as passed on the petitioner’s representation.

“The main grievance which propelled the present 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 respondents authority concerned, in not deciding the representation dated 04.02.2025 (Annexure P4).

Notice of motion.

Mr.Pardeep Bajaj, DAG, Punjab, accepts notice on behalf of all the respondents, and waives service.

Adjourned to 01.05.2025.

The competent authority amongst the respondents, i.e. respondent no.4, is directed to make its all endeavours to take final decision on the representation dated 04.02.2025 (Annexure

DEVINDER YADAV 2025.05.02 09:15 I attest to the accuracy and authenticity of this order/judgment

CWP-6266-2025

2

P-4), within a period of 06 weeks from today, by passing a speaking order, and a copy of the decision, so taken, shall be placed on record, positively, on or before the next date of hearing.

In case the compliance of the aforesaid direction is not made, respondent no.4 shall cause his personal appearance before this Court made on the next date of hearing.

To be heard alongwith CWP-5903-2025.

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.”

The speaking order reveals that, the claim of the petitioner

with regard to principal amount of ₹ 9,01,804/- has been admitted by the respondent(s) and the same will be released to it upon receipt of requisite funds from the Punjab Mandi Board. Insofar as petitioner’s claim with regard to payment of interest is concerned, the same has been rejected.

In view of the above, since a speaking order has already been passed on the petitioner’s representation and the outstanding amount is also, as evident from the speaking order, in the process of being released to the petitioner, therefore, no further direction is required to be passed. Hence, the instant writ petition is closed. However, in case, the petitioner has any grievance with regard to rejection of its claim for payment of interest, it is at liberty to take the apposite legal recourse for redressal thereof.

4. Disposed of accordingly.

May 01, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
Whether speaking/reasoned	:	Yes/No
Whether Reportable	:	Yes/No

DEVINDER YADAV 2025.05.02 09:15 I attest to the accuracy and authenticity of this order/judgment