` 166 IN THE HIGH COURT OF PUNJAB AND HARYANA M/s Malik Buildcon Private Limited State of Haryana and others CORAM: HON’BLE HON’BLE MR. JUSTICE Present: Mr. Mr. Deepak Balyan, Addl. AG, Haryana. ASHWANI KUMAR MISHRA, A.C.J. 1. Short ground on which the impugned recovery is assailed is that the previous adjudication by this Court dated 09.04.2026, has not been complied with. The order passed by this Court on 09.04.2026, in CWP as ‘Malik Buildcon Pvt. Ltd. vs. State of Haryana and others’ below:- “ covered by the earlier adjudication in CWP However, in order to facilitate fresh terms of the above observations, the order passed by the Director, Mines and Geology, Haryana, dated 06.08.2019, is quashed. Fresh decision shall now be taken within three 2. Counsel for the petitioner has already fixed 27.07.2026, as the date for personal hearing in the matter pursuant to directions issued IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22571 Date of Decision: alik Buildcon Private Limited Vs. State of Haryana and others …Respondent HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE ROHIT KAPOOR Mr. Abhijeet Singh Rawaley, Advocate for the petitioner. Mr. Deepak Balyan, Addl. AG, Haryana. *** ASHWANI KUMAR MISHRA, A.C.J. (Oral) Short ground on which the impugned recovery is assailed is that the previous adjudication by this Court dated 09.04.2026, has not been complied with. The order passed by this Court on 09.04.2026, in CWP as ‘Malik Buildcon Pvt. Ltd. vs. State of Haryana and others’ “3. In such view of the matter, we find that the controversy is covered by the earlier adjudication in CWP However, in order to facilitate fresh terms of the above observations, the order passed by the Director, Mines and Geology, Haryana, dated 06.08.2019, is quashed. Fresh decision shall now be taken within three Counsel for the petitioner points out that the concerned respondent has already fixed 27.07.2026, as the date for personal hearing in the matter directions issued by this Court. However, without waiting for the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 22571-2026 (O&M) Date of Decision: 23.07.2026 …Petitioner …Respondents THE ACTING CHIEF JUSTICE ROHIT KAPOOR , Advocate for the petitioner. Mr. Deepak Balyan, Addl. AG, Haryana. (Oral) Short ground on which the impugned recovery is assailed is that the previous adjudication by this Court dated 09.04.2026, has not been complied with. The order passed by this Court on 09.04.2026, in CWP-28440-2019, titled as ‘Malik Buildcon Pvt. Ltd. vs. State of Haryana and others’ is reproduced In such view of the matter, we find that the controversy is covered by the earlier adjudication in CWP-10429-2020 (supra). However, in order to facilitate fresh consideration of the claim in terms of the above observations, the order passed by the Director, Mines and Geology, Haryana, dated 06.08.2019, is quashed. Fresh decision shall now be taken within three weeks from today.” points out that the concerned respondent has already fixed 27.07.2026, as the date for personal hearing in the matter by this Court. However, without waiting for the Short ground on which the impugned recovery is assailed is that the previous adjudication by this Court dated 09.04.2026, has not been complied titled is reproduced In such view of the matter, we find that the controversy is 2020 (supra). consideration of the claim in terms of the above observations, the order passed by the Director, Mines and Geology, Haryana, dated 06.08.2019, is quashed. Fresh points out that the concerned respondent has already fixed 27.07.2026, as the date for personal hearing in the matter by this Court. However, without waiting for the RAJESH KUMAR 2026.07.24 10:26 I attest the accuracy and authenticity of this order/judgment. CWP-22571-2026 (O&M) [2] hearing to take place and without any adjudication in terms of the previous directions issued by this Court, the authorities have issued the recovery notice. 3. Facts as have been stated on behalf of the petitioner are not disputed by the counsel for the respondents. 4. Once the previous writ petition has been disposed of with directions upon the respondents to determine the liability, it is not open for the authorities to proceed with the recovery without undertaking the required determination/ adjudication. 5. Even otherwise, when the date for hearing is fixed in the matter for 27.07.2026, there would be no justification to precipitate the matter for recovery even prior to adjudication of the matter in terms of order of this Court. In such view of the matter, the writ petition succeeds and is allowed and recovery notice dated 23.06.2026 (Annexure P-47) is quashed. The respondents, however, shall be at liberty to proceed further in the light of observations made by this Court in order dated 09.04.2026 and conclude such proceedings, in accordance with law. 6. All pending misc. application(s), if any, also stand disposed of. (ASHWANI KUMAR MISHRA) ACTING CHIEF JUSTICE (ROHIT KAPOOR) JUDGE 23.07.2026 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2026.07.24 10:26 I attest the accuracy and authenticity of this order/judgment.