IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2197 of 2008 Date of Decision : February 14, 2008 M/s Ramesh Electrical Works ....Petitioner Versus Executive Officer Municipal Council and others .....Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. Abhishek Sharma, 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 release the payments of the petitioner. It has further been prayed that direction may be issued for the appointment of an Independent and Impartial Arbitrator to adjudicate the claims of the petitioner. For this, a legal notice (Annexure P.2) has been served upon the respondents, but till date the same has not been decided and 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 Civil Writ Petition No. 2197 of 2008 -2- 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 of mandamus, justice demand notice is required to be served on the respondents as has been done in the present case. The petitioner had served a legal notice (Annexure P.2) 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 (Annexure 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 by them. The petition stands disposed of in the above terms. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) FEBRUARY 14, 2008 JUDGE satish