IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.13240 of 2009 Date of decision: 27.8.2009 M/s Jay Pee & Sons. -----Petitioner Vs. State of Punjab & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. P.S. Rana, Advocate for the petitioner. --- ORDER: 1. This petition seeks a direction for quashing letter dated 7.7.2009, Annexure P-4, forfeiting earnest money of Rs.48,000/- deposited by the petitioner. 2. Case of the petitioner is that in pursuance of Tender Notice, work was allotted to the petitioner to carry out the work of trial bore in the manner stated in letter of allotment dated 28.2.2009, Annexure P-1. The work was to be completed within two months, but later, on account of election Code, time was extended upto 20.5.2009. The work could not be carried out on account of various reasons and vide impugned letter, earnest money was ordered to be forfeited. The petitioner, vide letter dated 21.7.2009, pointed out that fault was not of the petitioner CWP No.13240 of 2009 and the Superintending Engineer, respondent No.3, vide his letter dated 22.7.2009, Annexure P-6, made a recommendation that one more chance be given to the petitioner. 3. We have heard learned counsel for the petitioner. 4. Submission on behalf of the petitioner is that in view of letter of the Superintending Engineer, Annexure P-6, the matter requires consideration. 5. Since it has been stated that no decision has been taken by the Chief Engineer, respondent No.2, to whom letter dated 22.7.2009 is addressed, we are of view that this petition is pre-mature. However, without expressing any opinion on merits, we direct the Chief Engineer, respondent No.2, to take a decision on letter, Annexure P-6, within two weeks from the date of receipt of a copy of this order. 6. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE August 27, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2