Single judge disposed two petitions. CM application allowed to place copy on record. Writ petition seeking return of weapons dismissed with direction to file representation first before authorities.
Petitioners allowed to file representation before respondents; writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M. No. 1311 of 2012 and CWP No. 1722 of 2012
Date of Decision: 2.2.2012
Bhupinder Singh and others
....Petitioners.
Versus
State of Punjab and others
...Respondents.
CORAM:HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
PRESENT: Ms. Simranjeet Kaur, Advocate for the petitioners.
AJAY KUMAR MITTAL, J.
C.M. No. 1311 of 2012
This is an application under Section 151 of the Code of Civil Procedure for placing on record Annexure P-3 dated 1.9.2009 in place of Annexure P-3 annexed with the writ petition.
Annexure P-3 filed along with the application is taken on record subject to all just exceptions.
CM stands disposed of accordingly.
CWP No. 1722 of 2012
In this writ petition, the petitioners have prayed for issuance of directions to the official respondents to return their licensed weapons which have been deposited in terms of instructions issued by the Election Commission of India vide letter dated 1.9.2009. The petitioners have sought further directions to the official respondents to provide security to them till the licensed weapons are released to them.
CWP No. 1722 of 2012 -2-
A perusal of the writ petition shows that no such claim by way of representation has been made by the petitioners to the respondent authorities. For seeking a writ of mandamus, the petitioners are required to approach the authorities by notice of demand.
In view of the above, the present writ petition is disposed of by allowing the petitioners to file a representation before the concerned respondent seeking the relief as claimed in this writ petition. It is directed that in case any such representation is filed by the petitioners, the same shall be decided by the respondents expeditiously in accordance with law by passing a speaking order.
February 2, 2012 gbs
(AJAY KUMAR MITTAL) JUDGE
2 issues framed by the court
Whether petitioners can seek writ of mandamus without prior representation to authorities.
Whether matters regarding return of licensed weapons deposited with Election Commission are proper for writ jurisdiction.
1 provisions across 1 enactments
Bhupinder Singh and others
State of Punjab and others
Ajay Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
