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2026 DAILYLAW 32915 (PNJ)

JAGDISH LAL v. STATE OF PUNJAB AND OTHERS

CWP/6395/2026 · 2026-07-22

Alka Sarin, To Be Nominated

body2026

Judgment text

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116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6395-2026 (O&M) Date of Decision : 22.07.2026 Jagdish Lal ... Petitioner Versus State of Punjab and Others ... Respondents CWP-6392-2026 (O&M) Jagdish Lal ... Petitioner Versus State of Punjab and Others ... Respondents CWP-6926-2026 (O&M) Sukhjinder Singh ... Petitioner Versus State of Punjab and Others ... Respondents CWP-17479-2026 (O&M) M/s HDVC and Company ... Petitioner Versus State of Punjab and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MS. JUSTICE NEERJA K. KALSON Present : Mr. Nitin Kaushal, Advocate for the petitioner in CWP Nos.6395 and 6392 of 2026. Mr. Vishal Mehta, Advocate for the petitioner in CWP-6926-2026. Mr. Amit Jhanji, Senior Advocate with Mr. Nitin Kaushal and Mr. Shashank Shekhar Shrama, Advocates for the petitioner in CWP-17479-2026. Mr. Ramandeep Singh Pandher, Addl. AG Punjab. JITENDER KUMAR 2026.07.23 10:00 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-6395-2026 & other 03 connected petitions -2- Ms. Armaan Saggar, Advocate for respondent No.4 in CWP Nos.6395 and 6392 of 2026 and for respondent No.5 in CWP-6926-2026. Mr. Gauravjit Singh Patwalia, Advocate for respondent No.4 in CWP-17479-2026. ALKA SARIN, J. (Oral) 1. Present order shall dispose off all the above-captioned writ petitions being CWP Nos.6395, 6392, 6926 and 17479 of 2026. The issue revolves around Clause 5A of the Punjab Foodgrains Transportation Policy, 2025 and Clause 5E of the Punjab Food Grains Labour and Cartage Policy, 2025. 2. On 13.07.2026 the following order was passed in CWP-17479- 2026 : “Learned counsel appearing on behalf of respondent No.4 states that not only is the list of vehicles, which has been supplied by respondent No.4, overlapping, even the list supplied by the petitioner is overlapping and the same law applies to both the parties. Learned counsel for the petitioner has contended that in CWP-31164-2019 titled ‘Jaswinder Singh vs. State of Punjab & Ors.’ wherein an identical issue was raised, this Court vide order dated 29.10.2019 had held as under : “8. This argument cannot be accepted. Clauses 5 and 5A of the Policy extracted above stipulate that in case a tenderer submits tender for more than one cluster then the arrangement of the trucks has to be made for each cluster separately. What holds good JITENDER KUMAR 2026.07.23 10:00 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-6395-2026 & other 03 connected petitions -3- for a single tenderer would equally hold good for two or more tenderers. Thus each tenderer would be required to make arrangement of the trucks separately. The same set of trucks cannot be submitted by more than one tenderer. 9. Thus, there is no merit in the petition and the same is dismissed.” Learned State counsel seeks some time to file an affidavit as also to get his instructions. List on 22.07.2026. To be shown in the urgent list.” 3. Today learned State counsel, on instructions from Sartaj Singh Cheema, District Food Supplies Controller (Ludhiana-W), Ludhiana, has stated that the matter may be remanded to the First Appellate Authority to be decided afresh in view of the judgment in CWP-31164-2019 titled ‘Jaswinder Singh vs. State of Punjab & Ors.’. 4. Learned counsel appearing on behalf of the parties’ state that they have no objection if the matter is remanded to the First Appellate Authority for a decision afresh. 5. In view thereof, the present writ petitions are allowed and the orders dated 25.02.2026 impugned in CWP Nos.6395, 6392 and 6926 of 2026 and order dated 20.05.2026 impugned in CWP-17479-2026 passed by the Appellate Authority concerned are set aside. The matter in all the cases is remanded to the First Appellate Authority concerned to be decided afresh in accordance with the judgment passed in CWP-31164-2019 titled ‘Jaswinder Singh vs. State of Punjab & Ors.’. JITENDER KUMAR 2026.07.23 10:00 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-6395-2026 & other 03 connected petitions -4- 6. The parties shall appear before the First Appellate Authority concerned on 28.07.2026 at 11.00 am. 7. Since the contract is going to expire in March 2027, the matter be decided within a period of four weeks w.e.f. 28.07.2026. Till such time as the matter is not decided, status quo as it exists today shall be maintained. 8. Disposed off. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) JUDGE 22.07.2026 jk ( NEERJA K. KALSON ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2026.07.23 10:00 I attest to the accuracy and authenticity of this order/judgment Chandigarh