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Union Of India Land And Development Officer vs. Niranjan Kumar

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:8 Oct 2014
CNR:SCIN010023142010

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Order Text

SECTION : XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos. 22007-22022 of 2010

WITH

PRAYER FOR INTERIM RELIEF

AND

INTERLOCUTORY APPLICATION Nos. 1-16 (Application for condonation of delay in filing SLPs)

Union of India ... Petitioner

Niranjan Kumar & Ors. ... Respondents

OFFICE REPORT

The matters above mentioned were listed before the Hon'ble Court on 11.08.2014, when the Court was pleased to pass the following Order:-

"Mr. P.S. Patwalia learned Additional Solicitor General submitted that the respondent, namely, Jit Singh has expired in the meantime and a week's time be granted for filing requisite application for substitution.

Prayer is allowed.

Versus

As the legal representatives of Jit Singh have already entered appearance no further steps need be taken. The cause title be corrected accordingly.

As far as other respondent is concerned steps be taken within a week. Learned counsel appearing for Jagjit Singh and legal representatives of Jit Singh and Agya Ram have submitted that they are ready and willing to pay the misuse charges and also stop said misuse and further utilise the premises as residential premises . Mr. Patwalia learned ASG shall obtain instructions in this regard.

List after four weeks."

It is submitted that as directed above counsel for the petitioner has on 29.08.2014 filed common application for substitution to bring on record the LRs. of deceased sole respondent (Jit Singh) in SLP (C) No. 22010/10 and sole respondent in SLP (C) No. 22012/2010 and Respondent No. 6 in SLP (C) No. 22015-22022/2010 (Sh. Harish). Application for substitution against deceased sole respondent in SLP (c) No. 22010/2010 is filed barred by time by 566 days but no application for condonation of delay in filing substitution has been filed and setting aside abatement despite this Registry's letter dated 05.09.2014 as such the said application has not been registered.

It is, however, submitted that SLP against deceased sole Respondent in SLP (C) No. 22012/2010 and Respondent No. 6 in SLP (C) Nos. 22015-22022/2010 (Sh. Harish) has already been dismissed vide Hon'ble Judge in Chamber order dated 09.01.2013 and Cause Title has been amended accordingly. However the common application for substitution as mentioned above has been placed with SLP Paper Books.

It is further submitted that the matters above mentioned were listed again before Hon'ble Court on 15.09.2014, when the Court was pleased to pass the following order:-

"List after two weeks."

It is further submitted that Mr. Priya Puri, Advocate has on 26.09.2014 filed application for permission to file additional documents on behalf of Respondent No. 5 in SLP (C) No. 22015 to 22022/2010. Copy of the application has not been served on Ms. Sumita Hazarika, Advocate. Requisite Court fee has not been affixed (Deficit of Rs. 700/-). However the Applicaion for permission to file additional documents is circulated herewith.

The matters alongwith applications above mentioned are listed before the Hon'ble Court with this Office Report.

DATED THIS THE 27th DAY OF SEPTEMBER, 2014.

ASSISTANT REGISTRAR

Copy to:- 1. Ms. Sushma Suri, Advocate 2. Ms. Priya Puri, Advocate 3. Ms. Sumita Hazarika, Advocate ASSISTANT REGISTRAR p-2/AVI

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