IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 749 of 2008 Date of Decision: January 28, 2008 Kartar Singh …Petitioner Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present: Mr. P.P.S. Duggall, Advocate, for the petitioner. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing the respondents to allot Shop No. 8, Old Dana Mandi, Kotkapura, District Faridkot, to the petitioner keeping in view the fact that he is suffering from Cancer and a handicapped person and unable to do any other work. In this regard, the petitioner has made a representation dated 8.8.2007 (P-4), which is stated to be pending consideration. We have heard the learned counsel for the petitioner at some length and perused the paper book. C.W.P. No. 749 of 2008 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 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 had sent a representation, dated 8.8.2007 (P-4), 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 representation dated 8.8.2007 (P-4) 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 (T.P.S. MANN) January 28, 2008 JUDGE Pkapoor 2