Mukhtiar Singh vs State of Punjab and others

Ajay Tewari, J.—The petitioner has challenged the recovery made from him in the year 2008. Counsel for the petitioner states that at this stage the petitioner would be satisfied if respondent No. 2 is directed to decide the legal notice (Annexure P-4) served by the petitioner in view of Full Bench judgment of this Court in Budh Ram v. State of Haryana & Ors, 2009 (3) PLR 511. Notice of motion.

On the asking of the Court, Ms. Monica Chhibber Sharma, learned DAG, Punjab accepts notice on behalf of the respondents.

Learned counsel for the petitioner undertakes to supply five copies of the petition to the learned DAG during the course of the day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply (ies)/affidavit(s), at this stage.

Counsel for the respondents states that she has no objection if the prayer of the petitioner is allowed.

Consequently, this writ petition is disposed of with a direction to respondent No. 2 to decide the legal notice of the petitioner (Annexure P-4), by passing a speaking order, in view of the Full Bench judgment of this Court in Budh Ram''s case (supra), within a period of two months from the receipt of a certified copy of this order. It is also directed that whatever amount the petitioner is found entitled, the same be also released to him within the aforesaid period.

No order as to costs. Copy of this order be given dasti to counsel for the respondents under the signatures of the Court Secretary.