Shri Gurudev Ashram Trust vs. State Of Haryana Rehabilitation Department Tehsildar (Sales) Head Quater

SECTION IVB

Listed on.18.01.2016

Court No. 9

IN THE SUPREME COURT OF INDIA Item No. 42 CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS.536062 AND 34885 OF 2015 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NO.3 in SLP (C) No.34885 OF 2015 (Application for dispensing with service on performa Respondent Nos. 6 to 60)

Harbhajan Singh Dead Through LRs Paramjeet Singh Randhawa & Ors etc Through G.P.A. Balbir Singh ...Petitioner(s) Versus Financial Commissioner Revenue Punjab ...Respondent(s)

OFFICE REPORT

SLP (C) Nos.536062/2015

The matter above mentioned was listed before the Hon'ble Court on 09.02.2015, when the Court was pleased to pass the following order :

" Permission to file the special leave petition is granted. Delay condoned. Issue notice. Delay condoned in filing the application to bring legal representatives of the deceased petitioner on record. Applications for substitution are allowed. Tag these matters with Civil Appeal No. 2418 of 2011. In the meantime, parties are directed to maintain status quo as it obtains today, in regard to the property in dispute."

Accordingly, show cause notice to all the common 4 respondents in SLP (C) No. 536062 of 2015 and common Respondent No. 5 in SLP (C) No. 5360 & 5362 of 2015 and Respondent Nos. 59 in SLP (C) No. 5361 of 2015. Unserved covers containing notice have been received back from Respondent Nos. 7 & 9 in SLP (C) No. 5361 of 2015 with remarks Respondent No. 7 is 'dead' and Respondent No.9 is 'gone to foreign country.' Neither AD Cards nor unserved covers containing notice have been received back from remaining respondents.

It is submitted that the matter abovementioned was listed before the Registrar's Court from time to time and on 02.09.2015, when the following order was passed:.

" The respondent No.7 in SLP(C) No.5362/15 is reported to be dead. Therefore, Ld.counsel for the petitioners shall within a period of four weeks file an application for substitution to bring on record the Lrs. Of the said respondent.

The respondent No.9 in SLP(C) No.5362/15 is said to be residing outside India. Therefore, the Ld.counsel for the petitioners shall within a period of four weeks take appropriate steps for the service of notice to him in accordance with the rules governing the subject.

In all other matters, fresh steps for the service of notice by usual mode to the unserved respondents shall be taken by the Ld.counsel for the petitioners within a period of three weeks. Dasti in addition is permitted to be served.

List the matter again on 12.10.2015."

It is submitted that counsel for the petitioner has not filed an application for substitution to bring on record the Lrs. of deceased Respondent No. 7 in SLP (C) No. 5361 of 2015 and not taken fresh steps in respect of unserved respondents. The matter was again listed before the Ld. Registrar on 12.10.2015, when the following order was passed:.

" Four weeks time as last chance is given to the Ld.counsel for the petitioner to comply with the terms of the order dated 02.09.2015 of this Court.

List the matter again on 08.01.2016."

It is submitted that counsel for the petitioner has

not filed an application for substitution to bring the LRs. of deceased Respondent No.7.

It is further submitted that counsel for the petitioner has on 16.10.2015 and 26.10.2015 filed spare copies and fresh address of the Respondent No. 9 in SLP (C) No. 5361 of 2015. Fresh show cause notice was issued to all the unserved rspondents by Regd. A.D. as well as dasti.

It is further submitted that unserved cover containing notice has been received back from common Respondent No. 4 in SLP (C) Nos. 536062 of 2015 with remark 'no such person residing' but neither AD Cards nor unserved covers containing notice have been received back from all the unserved respondents and counsel for the petitioner has not filed proof of dasti service in respect of unserved respondent so far.

Thereafter, the matter was lastly listed before the Ld. Registrar on 08.01.2016, when the following order was passed:.

" Ld.counsel for the petitioner shall within a period of four weeks file the fresh particulars of the respondent No.4 and he shall also take fresh steps for the service of notice to him within the same period.

The respondent No.7 is reported to be dead in SLP(C) No.5361/2015. Ld.counsel for the petitioner shall within a period of four weeks file an application for substitution to bring on record the Lrs. Of the said respondent.

Ld.counsel for the petitioner shall file the affidavit in proof of dasti service of notice already issued to the unserved respondents within four weeks.

List the matter again on 24.02.2016."

It is submitted that counsel for the petitioner has not filed fresh particulars of common Respondent No. 4 in SLP (C) No. 536062 of 2015 and an application for substitution to bring on record the Lrs. of deceased

Respondent No. 7 in SLP (C) No. 5361 of 2015 and proof of dasti service in respect of all the unserved respondents.

Service of show cause notice is incomplete to all the respondents.

SLP (C) No. 34885/2015

The matter above mentioned was listed before the Hon'ble Court on 16.12.2015, when the Court was pleased to pass the following order :

" Application for deletion of the names of respondent Nos.7 and 24 is allowed at the risk of the petitioner. Issue notice on the interim relief as well as on the special leave petition. Dasti, in addition, is permitted. Post on 18.01.2016 alongwith C.A. No. 2418 of 2011."

It is submitted that there are 60 respondents in the matter in view of above said order the names of Respondent Nos. 7 & 24 have been deleted from the array of parties. Cause title has been amended and copies of the same are being circulated with this office report.

It is further submitted that accordingly, show cause notice was issued to Respondent Nos. 1 to 6, 823 and 2560 through Regd. A.D. post as well as dasti. Neither AD Cards nor unserved covers containing notice have been received back in respect of all the respondents so far.

It is further submitted that counsel for the petitioner has not filed affidavit alongwith proof of dasti service in respect of above said respondent so far.

It is further submitted that counsel for the petitioner has on 15.01.2016 filed an application for dispensing with service on performa Respondent Nos. 6 to 60 which is registered as I.A. No. 3. Separate paper books of the same are being circulated with this office report.

Service of show cause notice is incomplete.

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

Dated this the 15th day of January, 2016.

ASSISTANT REGISTRAR Copy to :Mr. Shree Pal Singh, Adv. Mr. P.N. Puri, Adv.

ASSISTANT REGISTRAR

Com1/Mty