In the High Court of Punjab and Haryana at Chandigarh CWP No.18652 of 2007 Date of decision:December 11, 2007 Atul Nibber and others ---Petitioners Vs. State of Haryana and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr.Mohan Jain, Senior Advocate with Mr. Dinesh K. Thakur, Advocate, for the petitioners *** M.M.KUMAR, J. This petition filed under Article 226 of the Constitution prays for issuance of direction to the respondent authorities to implement ex- distillery price fixed in accordance with the provisions of Section 57 A of the Punjab Excise Act, 1914 (as applicable to Haryana) (for brevity 'the Act')as per instructions dated 19.4.2007 (P-2), 2.5.2007 (P-3), 23.11.2007 (P-10) and 7.12.2007(P-11). Consequential prayer for refund of the excess price charged has also been made. It is admitted position that before approaching this Court, the petitioners through their counsel have sent a legal notice on 28.11.2007 (P-9) to respondents No. 2 to 6. However, the legal notice has not been sent to respondent No. 1 who is the competent authority to determine the price under Section 57 A of the Act. Notice of motion, Ms. Ritu Bahri, DAG, Haryana, who is present in the Court, accepts notice, on the asking of the Court. A copy of the writ petition has been handed over to her. With the consent of the parties, the case has been CWP No.18652 of 2007 -2- taken up for final hearing. Learned counsel for the petitioners states that a copy of the legal notice which has been sent to respondents No. 2 to 6 shall also be sent to respondent No. 1 within one week by registered A.D. If that is done, then respondent No. 1 and other respondents who have already been given the legal notice, shall take up the issue and decide the same in accordance with law within a period of six weeks from the date of receipt of a copy of this order. It is expected that the respondents would pass a well reasoned and speaking order. The petition stands disposed of in the above terms. (M.M.KUMAR) JUDGE (RAKESH KUMAR JAIN) DECEMBER 11, 2007 JUDGE paramjit