Ms Platinum County Developers Pvt. Ltd. and Another Vs State of Punjab and Others

Respondent no.7-PUNGRAIN, invited bids to carry out the work of construction of CAP (Cover and Plinth), for storage requirements, of food-grains, to be managed and supervised by respondent no.7, on build, owned and operate basis, at different locations through the State of Punjab, vide Annexure P-1.

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The said bid was awarded in favour of the petitioner no.1company, on dated 21.03.2025, vide Annexure P-3. Thereupon, the petitioner no.1-company started executing the work at the site in

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DHARAM VIR 2025.05.27 19:27 I attest to the accuracy and integrity of this document

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question, and thereafter, the members of respondent no.8-Church Society, started dharna protest, and restrained the petitioner no.1-company, to execute the construction work. Now they have laid a permanent dharna protest, outside the construction site, due to which, the petitioner no.1company is unable to execute the said work.

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The grievance, which propelled the petitioners to approach this Court by filing the instant petition under Article 226/227 of the Constitution of India, is the lackadaisical and indolent approach of the State Administration, as they have failed to maintain the law and order situation at the site in question.

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Learned counsel for the petitioners submits that the members of respondent no.8-Church Society, has also blocked the National Highway which leads to the Wagha Boarder.

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Considering the seriousness of the situation, this Court vide order dated 05.04.2025, directed respondents no.4 and 5, to file their specific response, disclosing therein, as to what measures are being taken by them to ensure the protection/security of petitioner no.1-company, at the site in question, as well as to ensure the free ingress and egress, enabling the petitioner-company to carry out the construction work.

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In deference to the aforesaid direction, on dated 21.04.2025, short affidavits were filed by the Deputy Commissioner, Amritsar as well as SSP, Amritsar (Rural). The said affidavits voice about resumption of work at the site in question, and on account of prevailing situation there,

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DHARAM VIR 2025.05.27 19:27 I attest to the accuracy and integrity of this document

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regular security arrangements were also made. The affidavits, further voice about the adequate measures that have been taken and the requisite protection/security have been ensured. The affidavits ( supra ), further speaks about the demands of respondent no.8-Church Society, which were duly considered, and representatives of respondent no.8 also assured the authority concerned that, no hindrance shall be caused in the affairs of the petitioner(s)-company. The relevant part of the affidavit of the DC,

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Amritsar, is extracted hereinafter:-

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“6. That in the meantime, the office of Senior Superintendent of Police, Amritsar (Rural) took the further action on the above said application which was forwarded to the said office on 03.04.2025 and a meeting between the petitioner No. 2 along his associates with the representatives of the respondent No. 8 i.e., Church of Mount Zion Society, Amritsar, was convened by the Deputy Inspector General of Police, Border Range, Amritsar on 11.04.2025 at his office at Amritsar in the presence of the SSP Amritsar (Rural), Deputy Superintendent of Police, Sub-division Rajasansi, Amritsar (Rural) and Station House Officer, Police station Lopoke, Amritsar (Rural) and during that meeting again the representation was given by them and matter was taken to logical end, resolved amicably. Thus, accordingly the representatives ofrespondent No. 8 gave assurance, not to cause any kind of interference in the ongoing construction work at the premises of the petitioner No. 1 and maintain peace and harmony at the spot.”

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Mr. L.M.Gulati, Advocate, who has caused appearance,

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today, on behalf of respondent no.8, submits that the representative of respondent no.8-Church Society, are ready to furnish their undertaking to the effect that they do not have any intent to cause any physical obstructions, or to cause any harm, either to the representatives of the petitioner(s)-company, or their family members.

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He further submits that respondent no.8-Church Society, will take a legal recourse, if they fetch any grievance from the act and conduct

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of the petitioner(s)-company.

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In view of the above recorded facts, this Court deems it appropriate, at this stage, to dispose of the instant petition, with hereinafter numerated directions:-

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i. Both the Deputy Commissioner, Amritsar (respondent no.5, and the Senior Superintendent of Police, Amritsar (Rural)(respondent no.4), shall ensure that no hindrance shall be caused, either by respondent no.8-Church Society or any other private individual, in the ongoing construction work of godown of the petitioner(s)-company, and shall also ensure that they could carry out their work of loading and unloading of agricultural produce, freely.

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ii. Respondent no.8-Church Society, through its authorised representative, shall furnish his/her undertaking before the Senior Superintendent of Police, Amritsar (Rural) (respondent no.4), with regard to the aforesaid assurance given to this Court within a period of one week from the date of passing of this order. iii. The Senior Superintendent of Police, Amritsar (Rural), shall in view of the State Security Policy, 2013, as adopted by State of Punjab, and the Standard Operating Procedure (SOP), thereof, as issued by the Director General of Police, Punjab, shall evaluate the threat perceptions to the petitioner no.1 and his family members, thereupon, take a final decision.

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Consequently, the instant petition is disposed of , however, with liberty to the petitioner(s)-company that in case, in future, they fetch any grievance in violation of any of the directions, as issued by this Court, they can file an apt application for the revival of the instant petition.

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