CANTONMENT BOARD, JALANDHAR CANTT Vs. K D CHAUDHARY AND OTHERS
LAWS(P&H)-2016-11-187
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 11,2016

Cantonment Board, Jalandhar Cantt Appellant
VERSUS
K D Chaudhary And Others Respondents

JUDGEMENT

Rakesh Kumar Jain, J. - (1.) The present petition is filed for the alleged disobedience of the order dated 19.9.2014 wherein direction was issued to the respondents to take a decision on the legal notice dated 18.11.2013, in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of certified copy of the order.
(2.) Admittedly, the order was passed on 26.4.2016 but no explanation is given as to why the respondents have taken two years time to decide only a legal notice that too after the contempt petition is filed by the petitioner on 11.5.2015, after awaiting the response of the respondents sufficiently. As a matter of fact it is a general experience of this Court that the respondents/State whether it is the State of Punjab, Haryana, Union Territory or Union of India, the directions issued by this Court to comply with the orders within the specified time are not being honoured. The poor litigants/citizens have to take recourse to the proceedings under the Contempt of Courts Act, 1971 only for the purpose of compliance of their order. Sometimes even the representations and legal notices are not decided by the concerned departments within prescribed time and even no application is filed for extension of time in case they were unable to decide the same within time prescribed by the Court. In such a situation, whether the petitioner is entitled to be compensated with cost?
(3.) The respondents in this case were specifically directed to take a decision on the legal notice within two months. I am surprised as to why the petitioner had to even file writ petition in this Court for the decision on his legal notice. As to whether the respondents were not even obliged to decide the legal notice in time one way or the other?;


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