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Lok Prahari Through Its General Secretary Sn Shukla Ias (Retd. ) Advocate vs. The State Of Uttar Pradesh Chief Secretary

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Navin Sinha
Case Status:Unknown Status
Order Date:3 Apr 2017
CNR:SCIN010335272016

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Order Issued After Hearing

Purpose:

Case Registered

Listed On:

24 Oct 2016

Order Text

SECTION PIL (WRIT)MATTER FOR: 03.04.2017
COURT NO.: 04
ITEM NO.: 50

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 864 OF 2016 (Under Article 32 of the Constitution of India) WITH INTERLOCUTORY APPLICATION NO. 1 OF 2016 (Application for Permission to appear & argue in person) AND INTERLOCUTORY APPLICATION NO. 2 OF 2016 (Application for Stay) AND INTERLOCUTORY APPLICATION NO. 3 OF 2016 (Application for Exemption from filing Official Translation)

Lok Prahari, through its General Secretary S. N. Shukla, I.A.S. (Retd.), Advocate .....Petitioner

-Versus-

State of U.P. & Ors. ....Respondents

OFFICE REPORT

The Writ Petition alongwith applications above mentioned was listed before the Hon'ble Court on 15.11.2016, when the Court was pleased to pass the following order:-

"Permission to appear and argue the matter in-person is granted. Heard the petitioner-in-person and perused the relevant material. Application for exemption from filing official translation is allowed. Issue notice to the respondent No. 1- State of Uttar Pradesh."

Pursuant to above order, it is submitted that Show Cause Notice was issued to Respondent No. 1 i.e. (State of Uttar Pradesh). Mr. Abhishth Kumar, Advocate has on 01.03.2017 filed Vakalatnama/appearance on behalf of State of Uttar Pradesh i.e. (R.Nos 1,3,4 and 5).

Service of notice is complete.

Thereafter, the Writ Petition was listed before the Ld. Registrar's Court from time to time and lastly listed on 03.03.2017, when the following order was passed:-

"In compliance to order dated 15.11.2016 of the Hon'ble Court notice was issued to respondent No.1 alongwith copy of the Petition but still A.D. Card has not been received. Therefore, it is not clear as to whether copy of the pleadings has been served upon respondent No.1 or not. However, respondent No.1 was given sufficient time to file the vakalatnama and counter affidavit on 30.1.2017 by this Court but he filed vakalatnama through Mr.Abhishth Kumar, Ld. Counsel only on 1.3.2017 and did not reported about non-receipt of copy of pleadings.

Today, Mr. Vaibhav Yadav, Ld. Counsel for Mr. Abhisth Kumar, Ld. Counsel has stated that he is appearing on instructions of the concerned department which proves that copy has already been received by the department. Therefore, Ld. Counsel for the respondent No.1 shall file the counter affidavit within a period of four weeks, as last chance. After expiry of the above said period, list the matter before the Hon'ble Court, under the rules."

It is submitted that Mr. Abhisth Kumar, Counsel for Respondent No. 1 i e. State of U. P has not filed Counter affidavit so far.

It is further submitted that Notice of Hearing for 03.04.2017 was issued to Mr. S. N. Shukla, Petitioner-in-person through Speed post as well as E-mail 28.03.2017.

The Writ Petition alongwith applications above-mentioned is listed before the Hon'ble Court with this Office Report for orders.

Dated this the 31s t day of March, 2017.

sd/- Assistant Registrar

sn/...

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