Disposed¶21

Jiwan Asha v. State of Punjab

Punjab & Haryana HC19 Mar 2025CWP/7510/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; CWP-7510-2025 (O&M); Jiwan Asha v. State of Punjab and Others; Aman Chaudhary J.; 19.03.2025; direction to decide unanswered legal notice dated 27.01.2025 (Annexure P-3) within 4 months; time-bound disposal without merits; reasoned adverse orders; liberty to seek legal redress.

What did the court decide?

Direction to the respondents to decide the petitioner's legal notice dated 27.01.2025 (Annexure P-3) within four months, taking note of the judgment referred to in the order; upon notice and hearing, if the petitioner is found entitled, the benefit is to be granted forthwith; any adverse order must contain reasons, leaving the petitioner free to seek further legal redress. ¶21

Jiwan Asha Vs State of Punjab — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to decide the petitioner's legal notice dated 27.01.2025 (Annexure P-3), which had remained unanswered, in a time-bound manner.

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Court's answer

Without commenting on the merits of the case, the petition is disposed of with a direction to the respondents to decide the legal notice dated 27.01.2025, taking note of the judgment referred to in the order.

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Ratio / Principle

The decision on the legal notice is to be rendered within a period of 4 months, in a just, fair and reasonable manner.

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Key takeaways

After notice and hearing offered to the petitioner, if she is found entitled, the benefit is to be granted forthwith.ratio¶21
If the orders are adverse to the petitioner's interest, they shall contain reasons, and the petitioner remains free to seek legal redress thereupon.ratio¶21

Detailed headnote1 paragraphs

Jiwan Asha v. State of Punjab and Others, CWP-7510-2025 (O&M) (Punjab & Haryana High Court at Chandigarh, decided 19.03.2025, Aman Chaudhary J., oral) — With the petitioner's legal notice dated 27.01.2025 (Annexure P-3) served but unanswered, and the learned State counsel raising no objection to the limited prayer, the writ petition was disposed of without commenting on the merits, with a direction to the respondents to decide the said notice within four months, taking note of the judgment referred to in the order; entitlement, if any, to be determined after notice and hearing and the benefit granted forthwith; any adverse order must be reasoned, preserving the petitioner's liberty to seek further legal redress.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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137

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CWP-7510-2025 (O&M) Date of decision: 19.03.2025

Jiwan Asha

....Petitioner

Versus

State of Punjab and Others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

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Present : Mr. Vipin Mahajan, Advocate for the petitioner

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Mr. Amarpreet Singh Bains, AAG Punjab

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AMAN CHAUDHARY, J. (ORAL)

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Learned counsel submits that regarding the claim as raised in the present petition , a legal notice dated 27.01.2025, Annexure P-3, has been served upon respondents, however, the same has yet not evoked any response. He thus, on instructions prays that a direction may be given to the respondents to decide the same in a time bound manner , to which learned State counsel has no objection to the limited prayer made.

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In view of the above and without commenting on the merits of the

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MOHIT 2025.03.19 18:33 I attest to the accuracy and integrity of this document

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-2-

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CWP-7510-2025 (O&M)

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case, this petition is hereby disposed of with a direction to the respondents to decide the legal notice dated 27.01.2025 , taking note of the afore-referred judgment, within a period of 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.

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(AMAN CHAUDHARY) JUDGE 19.03.2025 M.Kamra Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

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MOHIT 2025.03.19 18:33 I attest to the accuracy and integrity of this document

Jiwan Asha v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jiwan Asha v. State of Punjab

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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