The Awankha Cooperative Labour and Construction Society Ltd. Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1140125
CourtPunjab and Haryana High Court
Decided OnMay-14-2014
AppellantThe Awankha Cooperative Labour and Construction Society Ltd.
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab & haryana at chandigarh civil writ petition no.9243 of 2014 (o&m) date of decision: 14.05.2014 the awankha cooperative labour & construction society ltd..petitioner versus state of punjab and others ..respondents coram: hon'ble mr.justice sanjay kishan kaul, chief justice. hon'ble mr.justice arun palli present : mr.vipin mahajan, advocate, for the petitioner. **** sanjay kishan kaul c.j.(oral) the petitioner, an enlisted contractor, is a co-operative labour & construction society ltd.the petitioner claims that as per the notification dated 11.07.2011 of the cooperative department of the punjab government, for tenders upto ` 30 lacs only such co-operative labour & construction societies are permitted to compete and such a reservation has been upheld as per the decision of the division bench of this court in m/s maya construction company, mohali and others v. state of punjab and others 2004(1) p.l.r.33. the grievance of the petitioner is that despite this position, the respondents have opened two tenders and permitted other contractors to compete alongwith the petitioner as is apparent from annexure p-5/1 (page 39) and annexure p-7 (page 41).the petitioner thus made a comprehensive representation dated 09.04.2014 (annexure p-8) to the respondents which has still remained unattended. learned counsel for the petitioner contends that at this stage he only seeks disposal of his representation annexure p-8 and the financial bids have not been opened in view of its representation. he thus seeks disposal of the representation prior to the opening of the financial bids. sharma ravinder 2014.05.14 18:41 i attest to the accuracy and integrity of this document civil writ petition no.9243 of 2014 [2].in view of the aforesaid facts and circumstances we direct the respondents to take a decision on the representation of the petitioner dated 09.04.2014 (annexure p-8) in accordance with law within a maximum period of 10 days of the receipt of this order and in case the financial bids have not been opened till date, the same be not opened till the decision is communicated to the petitioner and in case of any advers.decision, for a period of a seven days thereafter, to enable the petitioner to take recours.to the legal remedies. petition accordingly stands disposed of. a complete set of paper book be supplied to mr.harsimran singh sethi, addl. advocate general, punjab during the cours.of the day. a copy of the order be given dasti to learned codunsel for the petitioner under the signatures of the bench secretary. (sanjay kishan kaul) chief justice (arun palli) judge1405.2014 ‘ravinder’ sharma ravinder 2014.05.14 18:41 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.9243 of 2014 (O&M) Date of Decision: 14.05.2014 The Awankha Cooperative Labour & Construction Society Ltd..Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE Mr.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE.

HON'BLE Mr.JUSTICE ARUN PALLI Present : Mr.Vipin Mahajan, Advocate, for the petitioner.

**** SANJAY KISHAN KAUL C.J.(Oral) The petitioner, an enlisted contractor, is a Co-operative Labour & Construction Society LTD.The petitioner claims that as per the Notification dated 11.07.2011 of the Cooperative Department of the Punjab Government, for tenders upto ` 30 lacs only such Co-operative Labour & Construction Societies are permitted to compete and such a reservation has been upheld as per the decision of the Division Bench of this Court in M/s Maya Construction Company, Mohali and others v.

State of Punjab and others 2004(1) P.L.R.33.

The grievance of the petitioner is that despite this position, the respondents have opened two tenders and permitted other contractors to compete alongwith the petitioner as is apparent from Annexure P-5/1 (page 39) and Annexure P-7 (page 41).The petitioner thus made a comprehensive representation dated 09.04.2014 (Annexure P-8) to the respondents which has still remained unattended.

Learned counsel for the petitioner contends that at this stage he only seeks disposal of his representation Annexure P-8 and the financial bids have not been opened in view of its representation.

He thus seeks disposal of the representation prior to the opening of the financial bids.

Sharma Ravinder 2014.05.14 18:41 I attest to the accuracy and integrity of this document Civil Writ Petition No.9243 of 2014 [2].In view of the aforesaid facts and circumstances we direct the respondents to take a decision on the representation of the petitioner dated 09.04.2014 (Annexure P-8) in accordance with law within a maximum period of 10 days of the receipt of this order and in case the financial bids have not been opened till date, the same be not opened till the decision is communicated to the petitioner and in case of any adveRs.decision, for a period of a seven days thereafter, to enable the petitioner to take recouRs.to the legal remedies.

Petition accordingly stands disposed of.

A complete set of paper book be supplied to Mr.Harsimran Singh Sethi, Addl.

Advocate General, Punjab during the couRs.of the day.

A copy of the order be given dasti to learned codunsel for the petitioner under the signatures of the Bench Secretary.

(SANJAY KISHAN KAUL) CHIEF JUSTICE (ARUN PALLI) JUDGE1405.2014 ‘ravinder’ Sharma Ravinder 2014.05.14 18:41 I attest to the accuracy and integrity of this document