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High Court of Punjab and HaryanaCWP/23228/2016disposed of

Balwinder Singh v. State Of Punjab And ORS

2016-11-15Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

-1CWP No.23228 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.23228 of 2016 Date of decision: 15.11.2016 Balwinder Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Arun Bansal, Advocate, for the petitioner. AJAY KUMAR MITTAL, J. (ORAL) Petitioner has approached this Court under Articles 226/227 of the Constitution of India to make primary challenge to notification dated 19.10.2016 (Annexure P-11) issued by respondent No.2 - Additional Chief Secretary, Department of Local Government, Punjab, on the ground that the same is non-speaking and has been issued without considering the facts on record.

2.

It has been stated by learned counsel for the petitioner that in pursuance to the show-cause notice dated 28.06.2016 (Annexure P-5), petitioner had filed a reply/representation dated 15.07.2016 (Annexure P-6) and additional reply dated 08.08.2016 (Annexure P-8) in terms of Section 22 of the Punjab Municipal Act, 1911 but no order thereon has been passed so far and in the meantime order dated 19.10.2016 (Annexure P-11) has been passed.

3.

Prayer was made by learned counsel for the petitioner that petitioner at this stage shall be satisfied in case direction is issued to respondent No.2 to take decision on the reply/representation dated Ravinder Singh 2016.11.21 10:01 I attest to the accuracy and authenticity of this document

-2CWP No.23228 of 2016 15.07.2016 (Annexure P-6) and the additional reply dated 08.08.2016 (Annexure P-8) within a time bound manner.

4.

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the controversy, we dispose of the writ petition by directing respondent No.2 to take a decision on the reply/representation dated 15.07.2016 (Annexure P-6) and the additional reply dated 08.08.2016 (Annexure P-8) by passing a speaking order and after affording an opportunity of hearing to the petitioner, in accordance with law, within a period of one month from the date of receipt of copy of this order.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) November 15, 2016 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2016.11.21 10:01 I attest to the accuracy and authenticity of this document