Sanjay Chaudhary vs. High Court Of Judicature At Allahabad Registrar General

FOR 03.10.2016 COURT NO. ITEM NO. SEC-X

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

INTERLOCUTORY APPLICATION NO. 2 OF 2016

(APPLICATION FOR DIRECTIONS)

IN

WRIT PETITION (C) NO. 851 OF 2014

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

SANJAY CHOUDHARY & ORS. ...PETITIONERS

-VERSUS-

HIGH COURT OF JUDICATURE AT ALLAHABAD AND ORS. ....RESPONDENTS

OFFICE- REPORT

The writ petition above-mentioned was listed before the Hon'ble Court on 17.10.2014 with office report dated 25.03.2015, along with other connected matters, when the Court was pleased to pass the following Order:

"Heard.

Issue rule.

Mr. Rakesh Dwivedi, learned senior counsel, today appears for Respondent no.1-High Court. Ms. Preetika Dwivedi, Advocate to file vakalatnama on behalf of Respondent no.1-High Court. Notice shall issue to respondent no.2-State Counter affidavit be filed within eight weeks. Rejoinder affidavit, if any, be filed by the petitioners within two weeks thereafter. No interim order for the present."

It is submitted that pursuant to aforesaid order, rule nisi was issued to respondent no. 1 through Ms. Preetika Dwivedi, Advocate and respondent No. 2 by registered A.D. Ms. Preetika Dwivedi, Advocate has on 21.01.2015 filed counter affidavit on behalf of respondent no. 1 (copy of the same is included in the paper books). Mr. Abhisth Kumar, Advocate has on 05.05.2016 filed vakalatnama on behalf of respondent no. 2.

It is further submitted that counsel for the petitioners has on 25.03.2015 filed rejoinder affidavit to the counter affidavit on behalf of respondent No. 1 (Copy of the same included in the paper books).

It is further submitted that the matter above-mentioned was listed before the Court of Registrar on 01.12.2015, when the Court was pleased to pass the following Order:

"The Ld. Counsel for respondent No. 2 has acknowledged to receive the pleadings. Time is requested to file the counter affidavit. The same is objected by the Ld. Counsel for the petitioner mentioning that the pleadings were provided way back in September, 2015. Proof of service thereof is on record dated 15.09.2015. In view thereof, the time stipulated for respondent No. 2 to file the counter affidavit stands expired. No further opportunity can be granted to file the counter affidavit. The Ld. Counsel for respondent No. 1 has mentioned that counter affidavit of respondent No. 1 was filed in January, 2015 itself. The same is perused as correct. Accordingly, the order dated 9.9.2015 having an error apparent on record is hereby reviewed. Counter affidavit be taken on record for respondent No. 1. The Ld. Counsel has also stated that the same counter affidavit was opted for respondent No. 1 in the remaining both the petitions. Registry to take the note thereof and to process three of these writ petitions to be listed before the Hon'ble Court, as per rules."

It is lastly submitted that the counsel for the petitioners has on 14.09.2016 filed an application for directions and the same has been registered as I.A. No. 2 of 2016. (copy of the same is included in the Paper Books.)

Service of rule nisi is complete.

The application in the writ petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated this the 30th day of September, 2016.

ASSISTANT REGISTRAR

COPY TO:

Mr. Vivek Singh, Advocate

Ms. Preetika Dwivedi Advocate

Mr. Abhisth Kumar, Adv.

ASSISTANT REGISTRAR