Javed Akhtar vs. Salma Parveen
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Order Issued After Hearing
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Case Registered
Listed On:
24 Apr 2018
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ITEM NO.10 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3217/2018
(Arising out of impugned final judgment and order dated 28-12-2016 in WPMS No. 3443/2016 passed by the High Court Of Uttarakhand At Nainital)
TAFFAJUL HUSSAIN Petitioner(s)
VERSUS
HABIB UL RAHMAN & ORS. Respondent(s) (IA No.24837/2018-CONDONATION OF DELAY IN FILING SLP and IA No.24839/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.24840/2018-EXEMPTION FROM FILING O.T.)
WITH
SLP(C) No. 5190/2018 (X) (FOR ADMISSION and I.R. and IA No.25937/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.25939/2018-EXEMPTION FROM FILING O.T.) SLP(C) No. 5186/2018 (X) (FOR ADMISSION and I.R. and IA No.25892/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.25894/2018-EXEMPTION FROM FILING O.T.) SLP(C) No. 5205/2018 (X) (FOR ADMISSION and I.R. and IA No.25980/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.25981/2018-EXEMPTION FROM FILING O.T.)
Date : 09-03-2018 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Dr. Sumant Bharadwaj, Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. Abhitosh Pratap Singh, Adv. Mr. Rakesh Kailash Sharma, Adv.
For Respondent(s) Signature Not Verified
UPON hearing the counsel the Court made the following O R D E R
SLP(C) No. 5186 of 2018
Issue notice to the third respondent only at this stage, returnable on 26.03.2018.
Notice may also be served on the standing counsel for the State.
We find that the Wakf Tribunal is not functioning in the State because the State has not appointed the third member to the Tribunal. Therefore, all the matters have been taken straight to the High Court. We are informed that this appointment is awaited since the last more than four years.
We direct the Chief Secretary to the State to file an affidavit within two weeks from today explaining as to why no appointment is made, since the whole process of administration of justice is disturbed by the inaction on the part of the State in appointing the third member in the Wakf Tribunal.
Post on 26.03.2018.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR