IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3122 of 2008 Date of Decision: 29.2.2008 Gurjant Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE AJAI LAMBA Present: Ms. Sonia G. Singh, Advocate, for the petitioner. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for issuance of directions to respondent Nos. 1 to 3 to take appropriate legal action against respondent No. 4 for allegedly procuring fake Scheduled Caste Certificate. In this regard, the petitioner has also sent a legal notice dated 13.2.2008 (P-2). We have heard the learned counsel for the petitioner at some length and perused the paper book. Before disposing of this writ petition we would refer to the views of Hon’ble the Supreme Court in the case of Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344. In paras 38 and 39 of the judgment it has been required that whenever notice under Section 80 C.P.C. or under any similar provision are sent C.W.P. No. 3122 of 2008 then it is mandatory on the part of State or Central Government or other authorities to send reply to such notice. It is well settled that before seeking a direction or a writ of mandamus, a demand justice notice is required to be served on the respondents as has been done in the present case. The petitioner has sent a legal notice dated 13.2.2008 (P-2), to which no reply is stated to have been received. It has also been observed by Hon’ble the Supreme Court that in cases where such like notice has not been replied then cost is required to be imposed. Therefore, without going into the merits of the case, we dispose of the writ petition at this stage with a direction to the respondents to take a decision on the legal notice dated 13.2.2008 (P-2) by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order. Petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (AJAI LAMBA) February 29, 2008 JUDGE Pkapoor 2