IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.9007 of 2009 (O&M) Date of decision: 22.7.2009 Tilak Raj. -----Petitioner Vs. State of Haryana & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Kuldeep V. Singh, Advocate for the petitioner. ----- ORDER: 1. This petition seeks quashing of letter dated 30.4.2009, Annexure P-7, whereby respondent No.5 upheld the action taken by the Executive Engineer, respondent No.3. 2. The action of the Executive Engineer was by way of letter dated 19.12.2008, Annexure P-10, revoking the approval of allotment of work to the petitioner and imposing penalty of 10% of the contract amount and also informing the petitioner that the work will be got executed at his risk and cost. 3. Case of the petitioner is that he submitted his quotation in response to Tender Notice for development of newly constructed Police Line. The work was allotted to him on different CWP No.9007 of 2009 terms than the rates quoted. He sent a letter that he will work on the quoted rates. The respondents required the petitioner to work on the revised rates and on that account, earnest money was forfeited and the work was allotted to someone else. 4. From the reply to the Legal Notice, Annexure P-10, it is clear that stand of the respondents is at variance with the version of the petitioner and according to the respondents, the work was allotted on changed terms, after negotiations and that the petitioner failed to honour the changed terms, on account of which, the impugned action was taken. 5. In view of disputed question, as to whether the petitioner was allotted the work on negotiated terms or on the rates quoted by him, it will not be appropriate to examine the grievance of the petitioner in writ jurisdiction. It is made clear that the petitioner will be at liberty to take his alternative remedies in accordance with law. 6. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE July 22, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2