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

SECTION IVB

Listed on.05.10.2016 Court No.R2 IN THE SUPREME COURT OF INDIA Item No. 49 CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 536062 OF 2015

WITH PRAYER FOR INTERIM RELIEF

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

The matter above mentioned was listed before the Ld. Registrar on 13.07.2016, when inter alia the following order was passed:.

" The learned counsel for the petitioners shall within a period of four weeks file the fresh particulars of the respondent No. 4 and he shall also take appropriate steps for the service of notice to him and to the respondent Nos. 6 and 8 in SLP(C) No. 5361/2015 within the same period.

The office report states that the learned counsel for the petitioners has filed an application for substitution to bring on record the Lrs. Of the deceased Respondent No. 5 in SLP(C) Nos. 53605362/2015 and Respondent No. 7 in SLP(C) No. 5361/2015. The said application shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter.

Await the return of the service of notice already issued to the respondent No. 9 in SLP(C) No. 5361/2015."

The matter above mentioned was lastly listed before the Hon'ble Court (In Chamber) on 02.09.2016, when the Court was pleased to pass the following order :

" Application for deletion of the names of respondent Nos. 5,6,8 and 9 in SLP(C) No. 5361 of 2015 is allowed at the risk of the petitioners.

Issue notice on the applications for setting aside abatement, condonation of delay in filing substitution application, and substitution to bring on record the legal representatives of deceased respondent No. 5 in SLP(C) No. 5360 and 5362 of 2015 and respondent No. 7 in SLP No. 5361 of 2015."

It is submitted that there are total 5 respondents in SLP (C) No. 5360 and 5362 of 2015 and 9 respondents in SLP (C) No. 5361 of 2015. Mr. Devendra Singh, counsel has filed Vakalatnama and Memo of Appearance on behalf of common Respondent Nos. 13 in SLP (C) No. 536062 of 2015 but no counter affidavit is filed. The name of the Respondent Nos. 5, 6, 8 & 9 are deleted from the array of parties in SLP (C) No. 5361 of 2015 and application for substitution in respondent of common deceased Respondent No. 5 in SLP (C) No. 5360 and 5362 of 2015 and deceased Respondent No. 7 in SLP (C) No. 5361 of 2015 is allowed vide Hon'ble Judge in Chamber Order dated 02.09.2016 and notice on I.A's was also issued to Lrs. Nos. 5(i)(iv) in SLP (C) No. 5360 and 5362 of 2015 and Lrs. Nos. 7(i)(iv) in SLP (C) No. 5361 of 2015 on 17.09.2016 and as per tracking report current status insert item into bag (otb) next office 'Toronto' in respect of Respondent Nos. 5(i)(iv) and in respect of Respondent No. 7(i) insert item into bag (otb) next office 'Langley HWDC'.

It is further submitted that counsel for the petitioner has not filed fresh address and copy of SLP for the issuance of fresh show cause notice upon Respondent No. 4 so far.

Service of show cause notice is incomplete.

The matter is listed before the Ld. Registrar's Court with this office report.

Dated this the 04th day October, 2016.

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

ASSISTANT REGISTRAR

Com1/Mty