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2006 Supreme(P&H) 2364

PUNJAB & HARYANA HIGH COURT
J.S.Khehar and P.S.Patwalia JJ.
Dalbir Kaur
Versus
State Of Punjab
Civil Writ Petition No. 8793 of 2006,
Decided On : MAY 30, 2006

The court has the authority to direct a public officer to make a final decision on a legal notice within a specified timeframe.

Headnote:

Adjudication - District Education Officer - The court directed the District Education Officer to make a final decision on a legal notice within two months.

Fact of the Case:

The court found that the controversy raised by the petitioners required an adjudication on facts, and the petitioners were satisfied with the direction to the District Education Officer to make a final decision on the legal notice.

Finding of the Court:

The court disposed of the writ petition by directing the District Education Officer to make a final decision on the legal notice within two months.

Issues: Adjudication on facts, satisfaction of the petitioners, disposal of the writ petition

Ratio Decidendi: The court considered it just and appropriate to dispose of the writ petition by directing the District Education Officer to make a final decision on the legal notice.

Final Decision: The writ petition was disposed of with a direction to the District Education Officer to make a final decision on the legal notice within two months.

Judgment

J. S. Khehar, J.

1. Having examined the issue in its totality, based on the pleadings of the instant writ petition, we are of the view, that the controversy raised by the petitioners would need an adjudication on facts. Realising the aforesaid predicament, learned counsel for the petitioners states, that the petitioners will be satisfied, if the instant writ petition is disposed of with a direction to respondent No.4 i. e. the District Education officer (Elementary Education), Gurdaspur, requiring him to take a final decision on the legal notice issued by the petitioners on 22.2.2006 (Annexure P-14 ). Notice of motion. On our asking, Mr. Ashok Aggarwal, Additional Advocate cwp No.8793 of 2006 Page numbers General, Punjab, accepts notice on behalf of respondents No.1 to 4. Learned counsel for the respondents states, that he has no objection to the disposal of the instant writ petition in terms of the prayer made by the learned counsel for the petitioners.

2. In view of the above, without going into the merits of the claim raised by the petitioners, we consider it just and appropriate to dispose of the instant writ petition by directing respondent No.4 i. e. the District education Officer (Elementary Education), Gurdaspur, to take a final decision on the legal notice dated 22.2.2006 (Annexure P-14) by passing a well reasoned speaking order, within two months from the date of receipt of a certified copy of this order. Disposed of accordingly. Order dasti on payment of usual charges.

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