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2026 DAILYLAW 29845 (PNJ)

M/S RADHE SHYAM ENTERPRISES LUDHIANA v. STATE OF PUNJAB AND OTHERS

CWP/19617/2026 · 2026-07-13

Rohit Kapoor, To Be Nominated

body2026

Judgment text

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` 143 IN THE HIGH COURT OF PUNJAB AND HARYANA M/s Radhe Shyam Enterprises State of Punjab and others CORAM: HON’BLE HON’BLE MR. JUSTICE Present: Mr. Mr. Saurabh Kapoor, Addl. AG, Punjab. ASHWANI KUMAR MISHRA, A.C.J. 1. While entertaining the writ petition, the following order was passed on 03.07.2026: “Submission is that the order impugned contains no reason and the reply filed by the petitioner to the show cause notice has not been dealt with. Learned counsel for the r week’ time to obtain instructions in the matter. List on 13.07.2026.” 2. Learned counsel for the petitioner states that neither the documents relied upon against the petitioner have been furnished to him and opportunity of hearing has been afforded that thrice proceedings had been dropped, but the said fact has been completely ignored while passing the impugned order. 3. Learned counsel representing the Stat instruction obtained IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19617 Date of Decision: M/s Radhe Shyam Enterprises Vs. State of Punjab and others HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE ROHIT KAPOOR Mr. Aman Bansal, Advocate for the petitioner. Mr. Saurabh Kapoor, Addl. AG, Punjab. *** ASHWANI KUMAR MISHRA, A.C.J. (Oral) While entertaining the writ petition, the following order was passed on 03.07.2026:- “Submission is that the order impugned contains no reason and the reply filed by the petitioner to the show cause notice has not been dealt with. Learned counsel for the respondents prays for and is allowed one week’ time to obtain instructions in the matter. List on 13.07.2026.” Learned counsel for the petitioner states that neither the documents relied upon against the petitioner have been furnished to him and of hearing has been afforded to the petitioner. that thrice proceedings had been dropped, but the said fact has been completely ignored while passing the impugned order. Learned counsel representing the Stat instruction obtained, does not dispute the factual position and submits that instead IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 19617-2026 (O&M) Date of Decision: 13.07.2026 …Petitioner …Respondents THE ACTING CHIEF JUSTICE ROHIT KAPOOR , Advocate for the petitioner. Mr. Saurabh Kapoor, Addl. AG, Punjab. (Oral) While entertaining the writ petition, the following order was passed “Submission is that the order impugned contains no reason and the reply filed by the petitioner to the show cause notice has not been espondents prays for and is allowed one week’ time to obtain instructions in the matter. Learned counsel for the petitioner states that neither the documents relied upon against the petitioner have been furnished to him and nor proper to the petitioner. It is further submitted that thrice proceedings had been dropped, but the said fact has been completely Learned counsel representing the State of Punjab, on the basis of does not dispute the factual position and submits that instead While entertaining the writ petition, the following order was passed “Submission is that the order impugned contains no reason and the reply filed by the petitioner to the show cause notice has not been espondents prays for and is allowed one Learned counsel for the petitioner states that neither the documents proper t is further submitted that thrice proceedings had been dropped, but the said fact has been completely the basis of does not dispute the factual position and submits that instead RAJESH KUMAR 2026.07.15 09:43 I attest the accuracy and authenticity of this order/judgment. CWP-19617-2026 (O&M) [2] of keeping the matter pending, it would be appropriate that the authorities be permitted to deal with the petitioner’s grievance, afresh, after affording opportunity of hearing to him. 4. In view of the above, we are of the considered opinion that the present petition deserves to succeed on the short ground of violation of the principles of natural justice. Consequently, the writ petition is allowed. The impugned order dated 12.05.2026 is hereby set aside. The respondents are directed to pass fresh orders, after permitting the petitioner to file reply and affording him an effective opportunity of hearing and thereafter pass reasoned order in accordance with law. 5. All pending misc. application(s), if any, also stand disposed of. (ASHWANI KUMAR MISHRA) ACTING CHIEF JUSTICE (ROHIT KAPOOR) JUDGE 13.07.2026 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2026.07.15 09:43 I attest the accuracy and authenticity of this order/judgment.