SECTIONXVI

LISTED On:2/05/2016 COURT No.:9

ITEM No. :53

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) No. 6661 of 2016

(With Prayer for Interim Relief)

WITH

INTERLOCUTORY APPLICATION Nos. 1 & 2

(Applications for Modification of Court's order dated 14/03/2016 and impleadment)

WITH

PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) No. 11877 of 2016

SK. MD. RAFIQUE ETC. ... Petitioner

MANAGING COMMITTEE, CONTAI

RAHAMANIA HIGH MADRASAH & ORS. ... Respondents

OFFICEREPORT

Versus

SLP(C) No. 6661/2016

The matter above mentioned was Listed before the Hon'ble Court on 14/03/2016 when the Court was pleased to pass the following Order:

"Issue notice, returnable by four weeks.

Ms. Sarla Chandra, learned counsel accepts notice for respondent nos. 1 and 2.

Mr. Parijat Sinha, standing counsel for the State of West Bengal accepts notice for respondent nos. 7 to 10.

Dasti, in addition, with respect to other respondents in respect of whom notice is not accepted, is also permitted.

There shall be stay of impugned final judgment and order during the pendency of this petition.

Learned counsel for the parties are permitted to file additional documents, if any.

List the matter after six weeks.

In the meanwhile, counter affidavit shall be filed by all the respondents."

Accordingly, show cause notice returnable on 2/05/2016 was issued on 7/04/2016 to Respondent Nos. 1 & 2 through Mrs. Sarla Chandra, Advocate, Respondent Nos. 7 to 10 through Mr. Parijat Sinha, Advocate and Respondent Nos. 3 to 6 & 11 to 26 by registered AD post as well as by dasti.

It is submitted that Mr. Parijat Sinha, Advocate has on 28/04/16 filed Vakalatnama & memo of appearance on behalf of Respondent Nos. 7 to 10 but no Counter Affidavit has been filed, so far. Mrs. Sarla Chandra, Advocate has not filed Counteraffidavit in respect of Respondent Nos. 1 & 2, so far.

Neither AD cards nor unserved registered covers containing notice have been received back from the Respondent Nos. 3 to 6 & 11 to 26 so far. Counsel for the Petitioner has also not filed affidavit of dasti service in respect of Respondent Nos. 3 to 6 & 11 to 26, so far.

Service of notice is still awaited.

It is further submitted that Mrs. Sarla Chandra, Advocate has on 31/03/2016 filed Application for modification of order dated 14/03/2016 alongwith Annexures R1 to R5 as additional documents and the same is registered as I.A. No. 1 and included in the paperbooks.

It is further submitted that Mr. Chanchal K. Ganguli, Advocate has on 1/04/2016 filed Application for impleadment alongwith Vakalatnama & Memo of appearance on behalf of Applicants and the same is registered as I.A. No. 2 and included in the paperbooks.

The I.A. Nos. 1 & 2 abovementioned were mentioned before the Hon'ble Court on 13/14/2016 when the Court was pleased to pass the following Order:

"List in the first week of May, 2016."

SLP(C) No. 11877/2016

2

The matter abovementioned was listed before the Hon'ble Court on 22/04/2016 when the Court was pleased to pass the following order:

"Permission to file the special leave petition is granted. Issue notice. There shall be stay of the operation of the impugned judgment and order during the pendency of this petition. Tag with S.L.P. (C) 6661 of 2016."

It is submitted that Mrs. Sarla Chandra, Advocate has filed Caveat with Vakalatnama on behalf of Respondent Nos. 1 & 2. notice in respect of Respondent Nos. 3 to 27 is yet to be issued.

Since the connected matter is on board, hence this officereport.

The matters are listed before the Hon'ble Court with this OfficeReport.

Dated this the 30th day of April, 2016.

Assistant Registrar

Copy to: Mr. R.P. Goyal, Advocate Mrs. Sarla Chandra, Advocate Mr. Chanchal K. Ganguli, Advocate Mr. Parijat Sinha, Advocate

Assistant Registrar

AY