LPA No. 955 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 955 of 2011 (O&M) Date of Decision 02.06.2011 M/s Alok Fuels Private Ltd. and another -----Appellants Versus State of Haryana and others ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Arjun Pratap Ram, Advocate for the appellants. Mr. Indresh Goyal, Addl. A.G., Haryana Mr. Anupam Dass, Advocate and Mr. Vikas Singh, Advocate for respondent Nos. 2 to 4. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 08.03.2011 rendered by the learned Single Judge opining that it was appropriate for the appellants to file a writ petition before the Jharkhand High Court where they had earlier filed writ petition for similar cause, which was pending at that time. Accordingly, the appellants were given liberty to file a petition before the Jharkhand High Court where parties were held entitled to raise all the pleas with regard to maintainability of LPA No. 955 of 2011 (O&M) -2- the writ petition. The aforesaid directions issued by the learned Single Judge were challenged before Hon'ble the Supreme Court by filing Special Appeal to Leave (Civil) Nos. 11650 of 2011 and Special Appeal to Leave (Civil) No. 13115 of 2011. Hon'ble the Supreme Court passed the following order on 06.05.2011, which reads thus: “Learned Senior counsel appearing on behalf of the petitioners prays to withdraw these special leave petitions in order to file L.P.A. Before the High Court. Leave as prayed for is granted. The petitioners undertake to withdraw the writ petitions which they have filed before the Jharkhand High Court against the suspension of the Fuel Supply Agreement. The special leave petitions are dismissed as withdrawn. If the LPA is filed within a period of three weeks from today, delay may be condoned by the High Court.” 2. In pursuance of undertaking recorded by Hon'ble the Supreme Court, the instant appeal has been filed within a period of three weeks granted by their Lordships of Hon'ble the Supreme Court. The appellants had also undertaken to withdraw the writ petition pending before the Jharkhand High Court. In pursuance of the aforesaid undertaking, the writ petition has been withdrawn from the Jharkhand High Court as is evident from order dated 18.05.2011 LPA No. 955 of 2011 (O&M) -3- (A-2). Accordingly, the way is now paved for considering the prayer of the appellants, which has been made in the writ petition. 3. After hearing learned counsel for the parties, we are of the considered view that the learned Single Judge while dismissing the writ petition filed by the appellants, was principally influenced by the fact that the writ petition was pending before the Jharkhand High Court, which has now been withdrawn as is evident from perusal of order dated 18.05.2011 (A-2). Therefore, it would be conducive to send the matter back to the learned Single Judge for adjudication of various issues, which have been raised or which may be raised. Accordingly, the matter is remanded back to the learned Single Judge and parties through their counsel are directed to appear before the learned Single Judge on 11.07.2011. 4. Accordingly, the appeal stands disposed of in the above terms. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE June 02, 2011 Atul