Bachittar Singh vs Food Corporation Of India And … on 3 July, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                          C.W.P. No.9533 of 2009

                          DATE OF DECISION: JULY 03, 2009

Bachittar Singh

                                                         .....PETITIONER
                                Versus

Food Corporation of India and others
                                                       ....RESPONDENTS


CORAM:      HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
                         ---

Present:     Mr.Ravi Kamal Gupta, Advocate,
             for the petitioner.
                    ..


SATISH KUMAR MITTAL, J. (Oral)

The petitioner has filed this petition for issuing direction to the

respondents to decide various review applications alleged to have been filed

by the petitioner against the penalty orders passed by respondent No.4.

Undisputedly, the respondent-Corporation has filed a civil suit

for recovery of an amount of Rs.6,51,899/- against the petitioner on the

basis of various penalty orders passed against the petitioner. In the plaint, it

has been stated that those orders have become final as no appeal or review

applications are pending. The petitioner being defendant in the said suit has

controverted the said averments and alleged that various review applications

filed by him against those penalty orders are still pending. In view of the

fact that dispute of the recovery amount on the basis of the penalty orders is

pending before the Civil Court, where the petitioner is pressing for not to

recover the amount without deciding his review applications, I am not

inclined to entertain this petition under Article 226 of the Constitution of
C.W.P. No.9533 of 2009 -2-

India for issuing the aforesaid direction in exercise of the writ jurisdiction of

this Court.

Dismissed.

However, it will be open for the petitioner to press his defence

not to recover the amount in question till the decision of the review

applications, before the Civil Court.

July 03, 2009                            (SATISH KUMAR MITTAL)
vkg                                              JUDGE