IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.13765 of 2009 Date of decision: 4.9.2009 M/s Mahavir Singh & Co. -----Petitioner Vs. Food Corporation of India & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. K.K. Goel, Advocate for the petitioner. --- ORDER: 1. This petition seeks setting aside of allotment of work to respondent No.4, even though the said work stood allotted to the petitioner. 2. Case of the petitioner is that work of transportation of foodgrains was allotted to one Bhan Singh for two years who failed to execute the same. On account of the said default, the work was allotted to the petitioner. The petitioner deposited the security amount on 21.7.2009 vide Annexure P-4. He offered to start the work vide letter dated 31.7.2009, Annexure P-5. The petitioner started the work, but without passing any order of stoppage of work, the work was allotted to respondent No.4 vide telegram dated 17.8.2009, Annexure P-6. The petitioner made a CWP No.13765 of 2009 representation, Annexure P-7, dated 18.8.2009 to respondent No.2 but no reply was received. 3. Even though there is no material to show that the petitioner actually executed the work or complied with the conditions or that the work was stopped without any reason or without giving opportunity to the petitioner, having regard to the fact that representation is not being decided, we are of the view that instead of adjudicating upon the issue raised by the petitioner at this stage, it will be appropriate to direct respondent No.2 to take a decision on the representation of the petitioner. 4. Without expressing any opinion on merits, we direct respondent No.2 to take decision on the representation of the petitioner, Annexure P-7, in accordance with law, within one month from the date of receipt of a copy of this order and convey the same to the petitioner. 5. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE September 04, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2