C.W.P No. 17598 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 17598 of 2008 Date of decision : October 03, 2008 Sultan Singh ...... Petitioner v. The Food Corporation of India & others, ...... Respondents CORAM : HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.K.K.Garg, Advocate for the petitioner. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J This petition has been filed for the issuance of a direction to respondents No.1 and 2 to award the contract of lifting of food grains for Lehra Gaga Centre of respondent No.1 to the petitioner. Counsel for the petitioner has averred that the contract had originally been granted to Janta Truck Operators Union, Lehra Gaga and that the said action had been set aside by this Court, vide order dated 14.8.2008 passed in CWP No.4152 of 2008 with the following directions :- “ For the reasons mentioned above, we find merit in the submission made by learned counsel for the petitioners and accordingly accept the same and set aside C.W.P No. 17598 of 2008 ::2:: the contract of transport awarded by respondent No.1 in favour of respondent No.4. It is further directed that fresh exercise of award of transport contract shall be carried out as early as possible, preferably within a period of two months from today and least the work of respondent No.1 suffers, respondent No.4 shall be permitted to carry on the work till then.” It is contended that the earlier contract having been set aside, it was incumbent upon respondent No.1 to have awarded the contract to the petitioner, who was L-2, in terms of the above mentioned directions. In our opinion, this petition must fail. The relief now being sought was available to the petitioner at the time of the decision of the aforesaid writ petition and, therefore, the present prayer would be barred by the operation of constructive res judicata. Consequently, the writ petition is dismissed with, however, no order as to costs. ( AJAY TEWARI ) JUDGE ( ADARSH KUMAR GOEL ) JUDGE October 03, 2008 'kk'