IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1521 of 2008 Date of Decision : February 01, 2008 M/s M.P. Singh and others ....Petitioners Versus Union of India and others .....Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. Vikram Aggarwal, Advocate for the petitioners. 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 decide legal notice dated 19.11.2007 and 1.12.2007 (Annexure P.3) with further prayer for issuance of directions to them to make the payment of the petitioners for the work done by them as early as possible with interest at the rate of 12% per annum till the date of payment. For this, legal notice dated 19.11.2007 and 1.12.2007 (Annexure P.3) has already been served upon the respondents, but till date the same has not been decided and the same is pending consideration. 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 is 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 C.W.P. No. 1521 of 2008 -2- of mandamus, justice demand notice is required to be served on the respondents, as has been done in the present case. The petitioner served legal notice dated 19.11.2007 and 1.12.2007 (Annexure P.3) upon the respondents 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 19.11.2007 and 1.12.2007 (Annexure P.3) by passing a speaking order within a period of two months. If the amount found due, the same be released to them within further period of one month from the date of receipt of a certified copy of this order by them. The petition stands disposed of in the above terms. A copy of this order be handed over to learned State counsel to enable him to forward the same to the quarter concerned. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) February 01, 2008 JUDGE satish