Kewal Krishan Sharma And Ors vs State Of Punjab And Others
2022 Latest Caselaw 1895 P&H

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

127                         CWP-5705-2022
                           Date of decision : 22.03.2022
KEWAL KRISHAN SHARMA AND ORS.
                                       ...... Petitioners

                         VERSUS

STATE OF PUNJAB AND OTHERS
                                                             ...... Respondents

CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

                         ***

Present :-   Mr. Harish Sharma, Advocate
             for the petitioners.
                           ***

Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioners argues that the petitioners

are similarly situated as the respondents in LPA No.352 of 2014 titled State

of Punjab and others Vs. A. P. Sharma and others, decided on 31.08.2016,

but the said judgment of this Court is not being applied on the petitioners on

the ground that the petitioners were not party to the said petition. Learned

counsel for the petitioners further submits that keeping in view the settled

principle of law settled by the Division Bench of this Court in CWP

No.4382 of 2002 titled Satbir Singh Vs. State of Haryana,, once the

question of law has been settled by the Court, the same is to be made

applicable on all the similarly situated persons without forcing anyone to

approach the Court.

Learned counsel for the petitioners further submits that the

petitioners have already raised the grievance as raised in the present petition

with the respondents in the legal notice dated 01.11.2021 (Annexure P/8)

which is still pending consideration with the authorities concerned and the

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CWP-5705-2022 :2:

petitioners will be satisfied, at this stage, in case a time bound direction is

issued to respondent No.2 to decide the said representation by passing an

appropriate speaking order.

Notice of motion.

Mr. Navdeep Chhabra, DAG, Punjab, accepts notice on behalf

of respondents-State and states that the legal notice dated 01.11.2021

(Annexure P/8) submitted by the petitioners will be decided within a period

of eight weeks from today and in case, after the decision, it is found that any

action needs to be taken, the same will also be taken without any further

delay.

In view of the above, without expressing any opinion on the

merits of the case or the claim being made by the petitioners, respondent

No.2 is directed to decide legal notice dated 01.11.2021 (Annexure P/8)

submitted by the petitioners by passing a speaking order within a period of

eight weeks from the date of receipt of a copy of this order and in case, the

petitioners are found entitled for the relief, the same will also be released

within a period of next four weeks.

Present writ petition stands disposed of.

                                            (HARSIMRAN SINGH SETHI)
                                                    JUDGE
22.03.2022
rimpal

             Whether speaking/reasoned          Yes
             Whether Reportable :               No




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