Punjab-Haryana High Court
Amandeep Singh And Others vs State Of Punjab And Others on 1 April, 2021
Author: Alka Sarin
Bench: Alka Sarin
107
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.7086 of 2020 (O&M)
DATE OF DECISION: 01.04.2021
Amandeep Singh and others .....Petitioner
versus
The State of Punjab and others .....Respondents
CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN
Present: Mr. Surinder Sharma, Advocate for the petitioner
..
ALKA SARIN, J. (Oral):
Heard through video conferencing.
CM-4762-CWP-2021:
The prayer made in the present application is for disposal of the main petition in view of the decision rendered by this Court in CWP-28253- 2017 (Bal Krishan & Ors. vs. State of Punjab & Ors.) decided on 10.01.2019.
Notice of the application.
On the asking of the Court, Ms. Kanica Sachdeva, AAG, Punjab has joined the session through video conferencing and accepts notice on behalf of the non-applicants/respondents.
With the consent of learned counsel for the parties, the date fixed in the main case is preponed to today and the same is taken on board for final disposal.
CM stands disposed off.
CWP No.7086 of 2020:
The prayer in the present Civil Writ Petition under Articles 226 and 227 of the Constitution of India is for issuance of a writ, order or PARKASH CHAND 2021.04.02 05:22 I attest to the accuracy and integrity of this document CWP No.7086 of 2020 -2- direction in the nature of mandamus directing the respondents to pay honorarium to the petitioners, who are elected Sarpanches of various villages of Block II, Hoshiarpur, in pursuance to the notification dated 02.11.2011 (Annexure P-1).
Learned counsel for the petitioners would contend that directions were issued in CWP-28253-2017 (Bal Krishan & Ors. vs. State of Punjab & Ors.) decided on 10.01.2019 to pay the honorarium to the petitioners therein and the said order stands duly complied with. The learned counsel for the petitioners would further contend that a Legal Notice dated 18.02.2020 (wrongly mentioned as February 18, 2010 on the first page of Legal Notice, Annexure P-2) was also sent to the respondents, however, till date no decision has been taken on the same.
The learned counsel for the petitioners would further contend that at this stage he limits his prayer and would be satisfied if a direction is issued to the respondents to take a decision on the Legal Notice dated 18.02.2020 (Annexure P-2) in accordance with law in a time-bound manner.
Notice of motion was issued on 18.03.2020. Ms. Kanica Sachdeva, AAG, Punjab has joined the session through video conferencing and has put in appearance on behalf of the respondents.
In view of the limited prayer made by the learned counsel for the petitioners, without commenting on the merits of the case or on the entitlement of the petitioners regarding the relief claimed, the present civil writ petition is disposed off with a direction to respondent No.2 to take a decision in accordance with law on the Legal Notice dated 18.02.2020 (Annexure P-2) expeditiously and, in any case, within a period of three months from the date of receipt of a certified copy of this order and in case PARKASH CHAND 2021.04.02 05:22 I attest to the accuracy and integrity of this document CWP No.7086 of 2020 -3- the petitioners are held entitled to the relief claimed, the same be released within a period of two months thereafter.
Disposed off accordingly.
(ALKA SARIN) JUDGE 01.04.2021 parkash PARKASH CHAND 2021.04.02 05:22 I attest to the accuracy and integrity of this document