Amit Traders vs. State Of Punjab And Ors

Facts

The petitioner, Amit Traders, challenged an order dated 03.07.2020, passed by respondent No.2, the Chairman of the Punjab State Agricultural Marketing Board, Mohali. This order blacklisted the petitioner from supplying goods to the department for a period of two years. The petitioner argued that since the blacklisting period of two years has already elapsed, they should be granted liberty to approach respondents No.2 and 3 regarding certain withheld payments or security. The petitioner sought the release of these withheld amounts in accordance with the contract terms. The respondents indicated that any representation received would be considered and an appropriate order passed within 8 weeks.

Held

The Court ordered accordingly, disposing of the writ petition in the terms agreed upon by the parties. The petitioner is granted liberty to approach respondents No.2 and 3 with regard to the withheld payment/security. The respondents No.2 and 3 are directed to consider any such representation received from the petitioner and pass an appropriate order in accordance with law within a period of 08 weeks from the date of receipt of the representation. If any amount is found due towards the petitioner, the same shall be released. If the claim is rejected, due reasons for rejection will be conveyed to the petitioner. The Court did not explicitly decide on the legality of the original blacklisting order itself, as the focus shifted to the post-expiry relief sought by the petitioner.

Key Issues

1. Whether the petitioner is entitled to approach respondents No.2 and 3 for the release of withheld payments/security, given that the blacklisting period of two years has expired? The petitioner contended that the blacklisting order, having a limited duration of two years, has now expired. Therefore, they should be permitted to approach the concerned authorities to seek the release of payments or security that have been withheld. The petitioner seeks this relief based on the terms and conditions stipulated in the contract between the parties. The respondents, represented by counsel, submitted that if a representation is received from the petitioner concerning the withheld amounts, an appropriate order will be passed in accordance with the law within a period of 08 weeks from the date of receipt. They further stated that any amount found due to the petitioner would be released, and if the claim is rejected, due reasons for such rejection would be provided to the petitioner.