WPMS No. 565 of 2009 Hon’ble Sudhanshu Dhulia, J. Mr. Ravi Babulkar, Advocate holding brief of Mr. A.K. Bisht, Advocate for the petitioner. Mr. K.P. Upadhyay, learned Additional Chief Standing Counsel for the State of Uttarakhand. This writ petition was filed way-back in the year 2002 and the counter affidavit is still awaited. Repeatedly time has been given by the Court to the State to file counter affidavit. All the same, the counter affidavit has not seen the light as yet. On 6.5.2009 a stop order was passed and the matter was fixed for today. However, today the learned Additional Chief Standing Counsel again prays for further three weeks’ time for filing counter affidavit. It has been observed by this Court, repeatedly, in many cases that the State is extremely slow in filing its counter affidavit and repeatedly time is sought for filing counter affidavit and the matter is unnecessarily delayed. On a question put to by this Court, the learned Additional Chief Standing Counsel has replied that the office of the Chief Standing Counsel is not responsible for the delay in filing the counter affidavit inasmuch as they have repeatedly asked the Commissioner, Garhwal Division and the Sub Divisional Magistrate, Sadar/Additional District Magistrate (Finance and Revenue), Dehradun ( who are parties in this writ petition) but they have failed to turn up and, therefore, the counter affidavit could not be prepared. This Court, therefore, has no option but to give a show cause notice to the present Commissioner, Garhwal Division and the present Sub Divisional Magistrate, Sadar/Additional District Magistrate (Finance and Revenue), Dehradun as to why a punitive action may not be taken against them for delaying the process of this Court. The explanation must come forward within two weeks from today. Put up this matter on 24.6.2009 in daily cause list. (Sudhanshu Dhulia, J.) 2.6.2009 Avneet