Petitioner sought writ directing payment of executed works. Court held service of notice was sufficient and disposed of petition directing respondents to decide on served notice within two months.
Direction to respondents to take a decision on legal notice by passing speaking order within two months.
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In the High Court of Punjab and Haryana at Chandigarh
CWP No. 7172 of 2008 Date of decision: 1.5.2008
Bhinder Kumar
......Petitioner
Versus
State of Punjab and others
.......Respondents
CORAM: HON'BLE MR.JUSTICE M.M.KUMAR
HON'BLE MRS. JUSTICE SABINA
Present: Mr.R.K.Girdhar, Advocate, for the petitioner.
JUDGMENT
M.M.KUMAR, J.
This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing the respondents to make the payment of works executed by the petitioner alongwith interest @ 18% per annum.
For the relief claimed in the instant petition, the petitioner has already sent a legal notice dated 22.1.2008 (Annexures P-1) to the respondents to which no reply is stated to have been received.
We have heard the learned counsel for the petitioner at some length and perused the paper book. It is well settled that before seeking a direction or a writ of mandamus, a demand justice
CWP No.7172 of 2008
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notice is required to be served on the respondents as has been done in the present case. Therefore, without going into the merits of the case, we dispose of the writ petition at this stage with a direction to the respondents to take a decision on the legal notice dated 22.1.2008 (Annexures P-1) sent by the petitioner by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order.
Petition stands disposed of in the above terms.
(M.M.KUMAR) JUDGE
May 01, 2008 anita
(SABINA) JUDGE
1 issue framed by the court
Whether the petitioner could obtain a writ of mandamus directing payment of works without going into merits.
1 provisions across 1 enactments
Bhinder Kumar
State of Punjab
M.M.KUMAR
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
