IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1541 of 2008 Date of Decision : February 01, 2008 Ipshita Yadav ....Petitioner Versus State of Haryana and others .....Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. R.D. Yadav, Advocate for the petitioner. M.M. KUMAR, J. Learned counsel for the petitioner has prayed for directing the respondents to make the necessary correction in the petitioner’s date of birth certificate in accordance with law with further prayer to direct the respondents to issue date of birth certificate to him. For this, the petitioner has submitted a representation dated 12.1.2008 (Annexure P.2) to respondent No. 3, 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 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 C.W.P. No. 1541 of 2008 -2- submitted a representation dated 12.1.2008 (Annexure 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 representation dated 12.1.2008 (Annexure P.2) by passing a speaking order within a period of one months from the date of receipt of a certified copy of this order. 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