High Court Punjab-Haryana High Court

Kamal Dhawan vs State Of Haryana & Others on 4 August, 2009

Punjab-Haryana High Court
Kamal Dhawan vs State Of Haryana & Others on 4 August, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH.


                                   C.W.P. No.1629 of 2009 (O&M)
                                       Date of decision: 4.8.2009

Kamal Dhawan.
                                                      -----Petitioner
                                Vs.
State of Haryana & others
                                                  -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MRS JUSTICE DAYA CHAUDHARY

Present:-   Mr. R.S. Longia, Advocate
            for the petitioner.

            Mr. Rameshwar Malik, Addl.A.G., Haryana.
            for respondent Nos.1 and 2.

            Mr. Rajesh Lamba, Advocate
            for respondent No.3.
                  ---


ORDER:

1. This petition seeks quashing of letter dated 27.2.2008,

Annexure P-34, order dated 17.10.2008, Annexure P-48, Tender

Notice dated 16.1.2009, Annexure P-58 and order dated

19.1.2009, Annexure P-53.

2. The grievance in the petition is that the petitioner was

awarded a contract for advertisement for which agreement,

Annexure P-57, dated 24.12.2008 was executed. The petitioner

signed the said agreement under threat. The petitioner agreed to
CWP No.1629 of 2009 2

the conditions laid down in the agreement, which are not

reasonable. The agreement was signed on 24.12.2008 but the

contract commences from 1.12.2008 and thus, the petitioner is

required to pay for the period prior to the agreement also. Vide

letter dated 27.2.2008, Annexure P-34, it has been stated that the

Municipal Council, Sonepat, respondent No.3 was not responsible

to remove all the sign boards in the city and that sign boards were

to be removed by the petitioner himself. Vide letter dated

17.10.2008, it was intimated that till the agreement was executed,

work if any done by the petitioner, will be his responsibility. Vide

letter dated 19.1.2009, it has been mentioned that the petitioner

was authorized to start work from 1.12.2009. Vide Tender Notice

dated 16.1.2009, proposals have been invited from the interested

parties for the construction of Bus Que Shelter, which was in

violation of the contract.

3. The Deputy Commissioner, Sonepat, respondent No.2

opposed the submissions in the petition, by stating that inspite of

being asked to do so, the petitioner failed to take steps for signing

of the agreement and finally agreed to sign the agreement on

24.12.2008. He was bound by the terms to which he agreed.

4. In view of above, there are disputed questions of fact

whether the agreement, which the petitioner signed, was of his

own volition or under any influence and whether there was any

breach of conditions of the agreement. This Court, under Article
CWP No.1629 of 2009 3

226 of the Constitution, is not an appropriate forum for raising

such disputes.

5. The petition is dismissed.


                                        (ADARSH KUMAR GOEL)
                                                JUDGE


August 04, 2009                              (           DAYA
CHAUDHARY )
ashwani                                          JUDGE