IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5151 of 2009 Date of decision: March 31, 2009 Sh. Deepak Luthra s/o sh. D.R.Luthra ..... PETITIONER VERSUS Union Territory of Chandigarh and others ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Alok Jain, Advocate, for the petitioner. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the digest? *** M.M.KUMAR, J. Through this petition filed under Article 226 of the Constitution, the petitioner has prayed for issuance of a writ in the nature of mandamus calling for the records of the case and after perusal of the same, issue a writ in the nature of certiorari quashing Clause 5 of the Terms and Conditions of the Excise Policy (Annexure P-6) in so far it makes distinction between the persons applying for the first time under the Policy (Annexure P-6) and the renewal of license under the aforesaid Policy of the persons already operating in liquor business from the rented/leased premises. We have heard the learned counsel for the petitioner at some length and perused the paper book. CWP No. 5151 of 2009 -2- 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 has already sent a representation dated 26.12.2008 (Annexure P-5), to which no reply is stated to have been received. It has been observed by Hon'ble the Supreme Court in the case of Salem Advocate Association v. Union of India, (2005) 6 Supreme Court Cases 344, that in cases where such like notice/representation 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 aforementioned representation by passing a speaking order within a period of six weeks' from the date of receipt of a certified copy of this order. Petition stands disposed of in the above terms. ( M.M.KUMAR ) JUDGE (AUGUSTINE GEORGE MASIH ) JUDGE March 31, 2009 pj