PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CWP No.16299 of 2005. Date of Decision: August 05, 2009. *** Kamaljeet Sharma and others Vs. State of Punjab and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia. *** Present: Shri Sanjeev Angrish, Advocate, for the petitioners. Shri Rupinder Khosla, Addl: A.G.Punjab. Shri Vikas Singh, Advocate. Shri Anil Dawar, Advocate, for Municipal Committee. *** T.S.Thakur, CJ (Oral) In this petition for a writ of certiorari, the petitioners have assailed the validity of a notification dated May 02, 2003. Apart from assailing the legality of the revised bills issued by respondent No.4 on the basis of the same for the period 1.04.2005 to 31.03.2006. A Mandamus directing respondents No. 1 to 4 not to charge the outstanding amount with retrospective effect and not to claim surcharge at the rate of 20% on the amount of the bill, has also been prayed for. When the matter came up before us for hearing on August 04, 2009, learned counsel for the petitioners submitted that the issues that arise for consideration in this writ petition stand covered by a Single Bench decision of this Court in Sukhjit Starch and Chemicals Limited Versus State of Punjab and others CWP No. 19714 of 2006 disposed of by an order dated September 03, 2008. It was submitted that the impugned notification was challenged even in the said petition and has been quashed by this -2- CWP No.16299 of 2005. Court after a detailed examination of the grounds urged by counsel for the parties. Mr. Khosla, counsel appearing for the respondents had however taken time to verify the true position and to make a statement. He today submits on instructions that the impugned notification has indeed been held to be illegal and quashed by this Court in the writ petition mentioned above. It is further submitted by learned counsel for the parties that no appeal has been preferred against the said Single Bench decision with the result that the same has attained finality. According to Mr. Khosla the government of Punjab is contemplating a fresh notification on the subject. In the circumstances, therefore, and for the reasons stated in the order passed by this Court in CWP No. 19714 of 2006, we allow this petition also and quash the impugned notification Annexure P-3 as also the revised bills issued on the basis therefof. We, however, make it clear that this order shall not prevent the respondents from issuing any further notification in accordance with law and charging amounts that are lawfully recoverable from the petitioners towards sewerage and water charges. The parties are left to bear their own costs. (T.S.Thakur) Chief Justice August 05, 2009 (Kanwaljit Singh Ahluwalia) Malik Judge