High Court of Punjab and HaryanaCWP/2355/2017disposed of

Bharat Bhushan & ORS v. State Of Punjab & ORS

2017-02-08Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 2355 of 2017 Date of decision: 08.02.2017 Dr. Bharat Bhushan and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Sameer Sachdeva, Advocate, for the petitioners.

**** JAISHREE THAKUR, J. (ORAL) Learned counsel for the petitioners submits that the controversy in the present case is squarely covered by the decision rendered by this Court in CWP No.8774 of 2004 titled as R.G. Gupta and others vs. State of Punjab and others and other connected case decided on 06.07.2010. LPA No.519 of 2011 was filed against said judgment, which was dismissed on 05.04.2011. Thereafter SLP filed before Hon'ble the Apex Court, was dismissed on 26.11.2013 and the review petition was also dismissed. Learned counsel further submits that the controversy in case at hand has attained finality and the petitioners are also entitled for the same relief. The petitioners also served a legal notice (Annexure P-7 upon the respondents on 18.02.2016 but no order has been passed and the same is still pending.

Learned counsel also submits that the petitioners would be satisfied in case, directions are issued by this Court to consider the legal notice (Annexure P7) within some stipulated period. Satyawan 2017.02.

CWP No. 2355 of 2017 -2Keeping in view the limited prayer of the petitioners, the present writ petition is disposed of with a direction to the respondents to consider legal notice dated 18.02.2016 (Annexure P-7) in view judgment passed in R.G. Gupta's case (supra), which has been upheld by the Hon'ble Supreme Court and take necessary action in accordance with law within a period of three months from the date of receipt of certified copy of this order. In case, the petitioners are found to be entitled for the relief sought in the legal notice, the same be granted to them within a period of two months thereafter and if, the petitioners are still aggrieved in any manner, they are at liberty to avail the appropriate remedy.

Disposed of accordingly.

08.02.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.02.09 15:40 I attest to the accuracy and authenticity of this document High Court Chandigarh