The State Of Uttarakhand Chief Seretary vs. Mohd. Salim

Court:Supreme Court of India
Judge:Registrar (J) - Iv
Case Status:Pending
Order Date:5 May 2017
CNR:SCIN010181992017

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MATTER FOR: 05.05.2017 CT NO.1 ITEM NO.12 SECX

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL CC (C) NOS. 7266,

820203, 8298 & 842930, OF 2017

(WITH PRAYER FOR INTERIM RELIEF)

WITH

INTERLOCUTARY APPLICATION NO. 1 of 2017

(Application for condonation of delay in filing special leave petition in SLP cc (C) No.7266 of 2017)

WITH

INTERLOCUTARY APPLICATION NOS. 1, 12, & 1 of 2017

(Application for permission to file special leave petition in Special Leave Petition CC (C) No.820203, 8298 & 842930 of 2017 respectively)

WITH

INTERLOCUTORY APPLICATION NO.

(APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN PERSON)

UNION OF INDIA ETC. ETC. ...PETITIONERS

VERSUS-

MOHD. SALIM & ORS. ETC. ...RESPONDENTS

OFFICE – REPORT

SLP cc (C) No.7266 of 2017

It is submitted that the Special Leave Petition abovementioned along with application has been filed by Mr. M.K. Maroria, Advocate against the final order dated 05—122016 passed by the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No. 126 OF 2014 and order dated 06032017 passed in Civil Miscllaneous Application No.1921 of 2017 in Writ Petition (PIL) No.126 of 2014.

It is submitted that there is delay of 16 days in filing the instant matter against order dated 5122016 and the counsel for the petitioner has filed application for condonation of delay in filing the special leave petition and the same has been registered as I.A. No.1 of 2017. The petition filed against order dated 06032017 is within time.

It is further submitted that Special Leave Petition (C) No.26359 of 2009 (Main matter SLP (C) No. 17826 of 2009) referred to on Annexure P3 and P4 was disposed of by this Hon'ble Court on 12092013 (copy of order dated 1292013 is annexed as annexure P4 at page nos.121126).

SLP cc (C) Nos. 82028203 of 2017

It is submitted that the Special Leave Petitions abovementioned alongwith application have been filed by Mr. Farukh Rashid, Advocate against the judgment and final order dated 05—122016 passed by the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No. 126 OF 2014 and order dated 06032017 passed in Review Application MCC No.1589 of 2017 in Writ Petition (PIL) No.126 of 2014.

It is submitted that there is delay of 24 days in filing the instant matter against order dated 5122016 however, the petition filed against order dated 06032017 is within time.

It is further submitted that the instant matter is tagged with Special Leave Petition CC (C) No.7266 of 2017 as both are arising out of same judgment.

SLP cc (C) No. 8298 of 2017

It is submitted that the Special Leave Petition abovementioned alongwith application has been filed by Mr. Tarun Gupta, Advocate against the judgment and final order dated 05—122016 passed by the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No. 126 OF 2014 and order dated 0603 2017 passed in Review Application MCC No.1340 of 2017 in Writ Petition (PIL) No.126 of 2014.

It is submitted that there is delay of 29 days in filing the instant matter against order dated 05122016 however, the petition filed against order dated 06032017 is within time.

It is further submitted that the same petitioners are already party in Review Application MCC No.1340 of 2017 in Writ Petition (PIL) No.126 of 2014.

It is further submitted that the counsel for the petitioner has given letter dated 13.04.2017 in response to certain defects pointed out by the Registry (copy of the letter dated 13.04.2017 is annexed at page no.728 in the paper books).

It is further submitted that the instant matter is tagged with Special Leave Petition CC (C) No.7266 of 2017 as both are arising out of same judgment.

SLP cc (C) Nos. 842930 of 2017

It is submitted that the Special Leave Petition abovementioned alongwith application has been filed by M/s. Lambat & Associates, Advocate against the judgment and final order dated 05—122016 passed by the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No. 126 OF 2014 and order datead 06032017 passed in Review Application MCC No.1338 of 2017 in Writ Petition (PIL) No.126 of 2014.

It is submitted that there is delay of 31 days in filing the instant matter against order dated 05122016 however, the Special Leave Petition filed against order dated 06032017 is within time.

It is further submitted that the counsel for the petitioner has given letter dated 13.04.2017 in response to certain defects pointed out by the Registry (copy of the letter dated 13.04.2017 is annexed at page no. 327 in the paper books).

It is further submitted that the instant matter is tagged with Special Leave Petition CC (C) No.7266 of 2017 as both are arising out of same judgment.

It is further submitted that Brahmchari Dayanand has on 20032017 filed caveat along with the application to appear and argue in person but the said caveatorinperson is not party in any of the abovementioned matters. As per Order IV Rule 1(c), the Registrar (Misc.) has interacted with the caveatorinperson on 22042017 (copy of interaction report dated 22042017 is enclosed herewith).

It is further submitted that counsel for the petitioners has on 19042017 filed proof of service after serving the copy of special leave petitions in all the matters however, caveatorinperson has given a letter dated 1942017 stating therein that in SLP cc (C) Nos.820203 and 8298 of 2017, the counsel for the petitioners has served the incomplete set of special leave petition (copy of letter dated 19042017 is enclosed herewith).

3

It is further submitted that caveatorinperson has on 352017 filed application for primary submission with annexures along with application for exemption from filing official translation. Since, the caveatorinperson is not a party before this Hon'ble Court and the Hon'ble High Court, the same has not been taken on record and has simply been kept in file.

It is lastly submitted that notice of hearing to caveatorinperson was sent through fax and was also informed telephonically.

The matter along with applications above mentioned is listed before the Hon'ble Court with this office report.

Dated this the 4th day of May, 2017.

ASSISTANT REGISTRAR

Copy to: 1. Mr. Vishwajit Singh, Advocate 2. CaveatorinPerson

ASSISTANT REGISTRAR

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