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High Court of Punjab and HaryanaCWP/7814/2024disposed of

Shammi Ghai v. State Of Punjab And Others

2024-04-08Mr. Justice Namit Kumar2 pages

CWP No.7814 of 2024 (O&M) 2024:PHHC:046909

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.7814 of 2024 (O&M) Date of decision: 08.04.2024 Shammi Ghai ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Manpreet Singh, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing respondent No.4 to release the interest amount @ 18% per annum till the date of actual realization as has been claimed by the petitioner vide representation dated 19.03.2024 (Annexure P-6).

2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding representation dated 19.03.2024 (Annexure P-6). He submits that at this stage, petitioner would be satisfied, if the said representation is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 and 2 while Mr. Vikrampreet Arora, Advocate, has accepted notice on behalf of respondents No.3 and 4 and MOHD YAKUB 2024.04.09 12:17 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.7814 of 2024 (O&M) 2024:PHHC:046909 have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.4 is directed to consider and decide the claim made by the petitioner in the representation dated 19.03.2024 (Annexure P-6), in accordance with law, by passing a speaking order, within a period of 03 months, from the date of receipt of certified copy of this order. In case, the petitioner is found held entitled, the necessary benefits be released within a period of 04 weeks thereafter.

7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 08.04.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.04.09 12:17 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh