Listed On: 04.05.2017 Before Court No. 5 Item No. 34

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

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos.26991-26992/2014 WITH PRAYER FOR INTERIM RELIEF

The Executive Engineer, PWD/WRO, RC Division, Cantonment, Trichy & etc. Petitioners

Ranbir Singh & Ors. Etc. Respondents

VERSUS

OFFICE REPORT

The matters above mentioned were listed before the Hon'ble Court on 08.09.2014 alongwith connected matters, when the Court was pleased to inter-alia pass the following order:-

"Application for permission to file special leave petitions is granted. Delay condoned. Issue notice returnable in eight weeks. Dasti, in addition to the ordinary process, is permitted. ..."

It is submitted that pursuant to above order show cause notice was issued to all 5 respondents (Respondent Nos. 2 to 5 are common in these SLPs) in both the SLPs on 14.10.2014 by registered AD as well as dasti. AD cards duly signed by Respondent No. 1 in SLP (C) No. 26991/2014 and Respondent Nos. 2 to 5 (Common) have been received but no one has entered appearance so far. Unserved cover containing notice in respect of Respondent No. 1 in SLP (C) No. 26992/2014 has been received with postal comments "No such Person at the given address". Counsel for the petitioner has not filed affidavit with proof of dasti in respect of respondent No. 1 in SLP(C) No. 26992/2014 so far.

For non-completion of service on Respondent No. 1 in SLP (C) No. 26992/2014 and non filing of affidavit with proof of dasti by the counsel for the petitioner, the matters was listed before Hon'ble Judge in Chambers on 21.10.2016, when His Lordship was pleased to pass the following Order:-

"Learned counsel for the petitioners is granted three weeks' time to file an application for substituted service in respect of unserved respondent no.1 in SLP(C)No.26992 of 2014."

It is submitted that counsel for the petitioner has on 12.11.2016 filed an application for substituted service by way of publication of notice but the same is defective as the counsel has not mentioned the name of two News Paper-one English and One Regional/Vernacular with the averment that those News Papers have vide circulation in the area concerned.

For non-curing of defects in the application for substituted service by the counsel for the petitioner, the matter was listed before the Court of Ld. Registrar on 13.02.2017 and lastly on 29.03.2017, when the following Order was passed:-

"Four weeks time as last chance is given to the Ld.counsel for the petitioner to cure the defects in the application for paper publication in respect of the respondent No.1 in SLP(C) No.26992/2014. List the matter again on 09.05.2017."

It is submitted that counsel for the petitioner has not cured the defects in the application for substituted service so far. However, the unregistered application is being circulated herewith.

Service is not complete on Respondent No. 1 in SLP (C) No. 26692/2014.

As the matters are on board, hence this office report.

DATED THIS THE 03rd DAY OF MAY, 2017.

ASSISTANT REGISTRAR

Copy to : 1. Mr. B. Balaji, Adv.

ASSISTANT REGISTRAR

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