The State Of Bihar vs. Nayan Kumar Sinha

ITEM NO.69

COURT NO.7

SECTION XVI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No.17509/2019

(Arising out of impugned final judgment and order dated 06-08-2018 in LPA No.881/2016 passed by the High Court Of Judicature At Patna)

STATE OF BIHAR & ORS.

Petitioner(s)

VERSUS

NAYAN KUMAR SINHA & ORS.

Respondent(s)

(IA No.84157/2019 - FOR CONDONATION OF DELAY IN FILING; and, IA No.84158/2019 - FOR EXEMPTION FROM FILING O.T.)

WITH

Diary No.20845/2019 (XVI) (IA No.89720/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89722/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89724/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20847/2019 (XVI) (IA No.89759/2019 - FOR CONDONATION OF DELAY IN FILING; IA No. 89762/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89763/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20848/2019 (XVI) (IA NO.90088/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.90089/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 90091/2019 - FOR EXEMPTION FROM FILING O.T.)

Diarv No.20850/2019 (XVI) (IA NO.89600/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89602/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No.89604/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20852/2019 (XVI) (IA NO.89377/2019 - FOR CONDONATION OF DELAY IN FILING; and, IA No.89378/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No. 89380/2019 - FOR EXEMPTION FROM FILING O.T.)

Signa Perform No. 20856/2019 (XVI)

Digital Avenue No. 91476/2019 - FOR CONDONATION OF DELAY IN FILING; IA 10.27 No. 91477/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No.91479/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20892/2019 (XVI) (IA No.89918/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89920/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89921/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20891/2019 (XVI) (IA No.89933/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89936/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89937/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20889/2019 (XVI) (IA No.89637/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89638/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89641/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20888/2019 (XVI) (IA No.91524/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.91525/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 91526/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No(s). 20885/2019 (XVI) (IA No.89731/2019 - FOR CONDONATION OF DELAY IN FILING; IA No. 89732/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 89733/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20883/2019 (XVI) (IA No.89227/2019 – FOR CONDONATION OF DELAY IN FILING; IA No.89228/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 89229/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20882/2019 (XVI) (IA No.90115/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.90116/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 90117/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20879/2019 (XVI) (IA No.90101/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.90102/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.90103/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20860/2019 (XVI) (IA No.91447/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.91448/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.91449/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20857/2019 (XVI) (IA No.90097/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.90099/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No.90100/2019 - FOR EXEMPTION FROM FILING O.T.)

(IA No.89626/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89627/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89628/2019 - FOR EXEMPTION FROM FILING O.T.) Diary No.20901/2019 (XVI) (IA No.91077/2019 – FOR CONDONATION OF DELAY IN FILING; IA No.91078/2019 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.91079/2019 - EXEMPTION FROM FILING O.T.)

Date : 04-09-2019 These matters were called on for hearing today.

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN

Diary No.20900/2019 (XVI)

No.90083/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No.90084/2019 - FOR EXEMPTION FROM FILING O.T.) Diary No.20899/2019 (XVI) (IA No.90069/2019 - FOR CONDONATION OF DELAY IN FILING; IA

No.90070/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.90071/2019 - FOR EXEMPTION FROM FILING O.T.)

(IA No.90082/2019 - FOR CONDONATION OF DELAY IN FILING; IA

Diary No.20896/2019 (XVI) (IA No.91472/2019 – FOR CONDONATION OF DELAY IN FILING; IA No.91473/2019 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 91474/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20898/2019 (XVI)

CORAM :

Diary No.20895/2019 (XVI) (IA No.89906/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.89907/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.89908/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20894/2019 (XVI) (IA No.90093/2019 - FOR CONDONATION OF DELAY IN FILING; IA No.90094/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.90095/2019 - FOR EXEMPTION FROM FILING O.T.)

Diary No.20893/2019 (XVI) (IA No.91493/2019 – FOR CONDONATION OF DELAY IN FILING; IA No.91494/2019 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No. 91495/2019 – FOR EXEMPTION FROM FILING O.T.)

Counsel for the Parties:

Mr. Shivam Singh, Adv. Mr. Manish Kumar, AOR Ms. Fauzia Shakil, AOR Mr. S.N. Jha, Sr. Adv. Dr. Maurya Vijay Chandra, Adv. Mr. Prem Prakash, AOR Mr. Kumar Mihir, AOR Mr. Mukesh K. Giri, AOR Mr. Ankit Khera, Adv.

UPON hearing the counsel the Court made the following O R D E R

On 08.07.2019, the State was directed to file an affidavit explaining certain facets of matter which were set out in the order, whereafter the appropriate affidavit was filed and this Court issued Notice on 29.07.2019.

According to the office report, service in almost all the matters has been effected. However, only four learned Advocateson-Record, namely, Ms. Fauzia Shakil, Mr. Prem Prakash, Mr. Kumar Mihir and Mr. Mukesh K. Giri have entered appearance on behalf of some of the respondents.

At the request of the learned advocates appearing fo r the respondents, two weeks' time is granted to the respondents to put in their affidavit(s) in reply enclosing all the relevant documents and raising all submissions which are available to the respondents. Their responses shall be taken to be in representative capacity.

If any other learned Advocate enters appearance on behalf of any of the respondents, he will also be at liberty to file response within the time indicated hereinabove.

Learned counsel for Union of India may also file appropriate response within the aforesaid time.

Learned counsel for the petitioner shall thereafter file affidavit in rejoinder, if any, within a week.

Let the matters be posted for final hearing on 25.09.2019.

(MUKESH NASA) (SUMAN JAIN)

COURT MASTER BRANCH OFFICER