State Of Orissa vs. Nabakishore Swain

Court:Supreme Court of India
Judge:Hon'ble Adarsh Kumar Goel
Case Status:Disposed
Order Date:15 Oct 2015
CNR:SCIN010383832010

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13 Jan 2011

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Section XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos. 9054, 9055, 9056, 9057, 9058, 9060, 11163 OF 2014 AND 21084 OF 2015 WITH PRAYER FOR INTERIM RELIEF.

STATE OF ORISSA …...PETITIONER

VERSUS

DEBACHARAN CHHATTAR & ORS. …...RESPONDENT

OFFICER REPORT

The matters above mentioned were listed before the Hon'ble Court on 31st

March, 2014, when the Court was pleased to pass the following Order:

"SLP(C) No. 9054/2014

Among 53 respondents herein, counter affidavit on behalf of respondent Nos.1 to 6, 8, 9, 11, 13 to 19, 21 to 25, 27, 29, 30 to 35, 36 to 38, 40 to 47 and 50 to 53 is awaited. Be filed within four weeks.

With respect to respondent Nos.7, 10, 12, 20, 26, 28, 39, 48 and 49, the Ld. Counsel for the petitioner to take fresh steps to effect service.

SLP(C) No. 9055/2014

Among 53 respondents herein, counter affidavit on behalf of respondent Nos.1, 3, 4, 6, 8 to 12, 14 to 22, 25 to 27, 30 to 37, 39 to 48 and 50 to 53 is still awaited. Be filed within four weeks' time.

For respondent Nos.2, 5, 13, 24, 28, 29, 38 and 49, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

Respondent Nos.7 and 23 since deceased, petitioner to file an application for substituting the legal representatives.

SLP(C) No. 9056/2014

Counter affidavit of respondent Nos.1 to 5, 8 to 10, 12 to 15, 17, 18, 20 to 22, 24 to 29, 31 to 41, 43 to 47, 49 and 50 to 53 is awaited. Be filed within four weeks' time.

For respondent Nos.6, 7, 11, 16, 19, 23, 30, 42 and 48, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

SLP(C) No. 9057/2014

Counter affidavit of respondent Nos.1 to 9, 11 to 26, 28, 29, 31 to 33, 35 to 41, 43, 44, 45, 48, 49, 51 to 53 is awaited. Be filed within four weeks' time.

For respondent Nos.10, 30, 34, 42, 46 and 47, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

Service of respondent No.27 is complete but none has entered appearance.

SLP(C) No. 9058/2014

Counter affidavit of respondent Nos.2 to 8, 10 to 24, 27, 29 to 37, 39, 40, 43, 44, 45, 46, 48, 49, 51 to 53 is awaited. Be filed within four weeks' time, as last opportunity.

Service of respondent No.9 is complete but none has entered appearance.

For respondent Nos.1, 25, 26, 38, 41, 42, 47 and 50, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

SLP(C) No. 9060/2014

Counter affidavit of respondent Nos.2 to 4, 6 to 8, 10, 11, 17, 18, 20, 22, 24 to 26, 28 to 30, 32, 33, 36 to 38, 40 to 42, 44, 45, 47, 49, 50 and 51 to 53 is awaited. Be filed within four weeks' time, as last opportunity.

For respondent Nos.1, 5, 9, 12 to 16, 19, 21, 23, 27, 31, 34, 35, 39, 43, 46, 48, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

SLP(C) No. 11163/2014

Among 53 respondents, counter affidavit of respondent Nos.2, 6, 7, 8, 11, 12, 14 to 20, 22, 24, 25, 27 to 29, 31 to 37, 39 to 47, 49 to 53 is awaited. Be filed within four weeks' time.

For respondent Nos.1, 3, 4, 9, 10, 13, 21, 23, 26, 30, 38 and 48, petitioner still to take fresh steps to effect service. Be taken within four weeks. Notice thereafter be issued.

Service of respondent No.5 is complete but none has entered appearance.

List again on 15.10.2015.

SLP (C) Nos. 9054 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 respondents. Counsel for Respondent Nos. 1 to 6, 8, 9, 11, 13 to 19, 21 to 25, 27, 29, 3035, 36 to 38, 40 to 47 and 50 to 53 have not filed Counter Affidavit so far. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 7, 10, 12, 20, 26, 28, 39, 48 & 49.

Service of notice is not complete on Respondent Nos. 7, 10, 12, 20, 26, 28, 39, 48 and 49.

SLP (C) Nos. 9055 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1, 3, 4, 6, 8 to 12, 14 to 22, 25 to 27, 30 to 37, 39 to 48, 50 to 53 have not filed counter affidavit so far. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 2, 5, 13, 24, 28, 29, 38, 49 and also not filed application for substitution to bring on record the Lrs. of deceased Respondent Nos. 7 & 23.

Service of notice is not complete on Respondent Nos. 2, 5, 13, 24, 28, 29, 38, 49 and Lrs. of deceased Respondent Nos. 7 & 23.

SLP (C) Nos. 9056 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1 to 5, 8 to 10, 12 to 15, 17, 18, 20 to 22, 24 to 29, 31 to 41, 43 to 47, 49 to 53 have not filed counter affidavit so far. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 6, 7, 11, 16, 19, 23, 30, 42 and 48.

Service of notice is not complete on Respondent Nos. 6, 7, 11, 16, 19, 23, 30, 42 and 48.

SLP (C) Nos. 9057 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1 to 9, 11 to 26, 28, 29, 31, 32, 33, 35 to 41, 43, 44 to 45, 48, 49, 51 to 53 have not filed counteraffidavit so far. A.D. card received in respect of Respondent No. 27. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 10, 30, 34, 42, 46, 47 and 50.

Service of notice is not complete on Respondent Nos. 10, 30, 34, 42, 46, 47 and 50.

SLP (C) Nos. 9058 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 2 to 8, 10 to 24, 27, 29 to 37, 39 to 40, 43, 44, 45, 46, 48, 49 and 51 to 53 have not filed counteraffidavit so far. A.D. card in respect of Respondent No. 9 has been received but no one entered appearance. Counsel for petitioner has not taken fresh steps against unserved Respondent Nos. 1, 25, 26, 38, 41, 42, 47, 50.

Service of notice is not complete on Respondent Nos. 1, 25, 26, 38, 41, 42, 47, 50.

SLP (C) Nos. 9060 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counse for Respondent Nos. 2 to 4, 6 to 8, 10, 11, 17, 18, 20, 22, 24 to 26, 28 to 30, 32, 33, 36 to 38, 40 to 42, 44, 45, 47, 49 to 53 have not filed counter affidavit so far. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 1, 5, 9, 12, 13, 14, 15, 16, 19, 21, 23, 27, 31, 34, 35, 39, 43, 46, 48.

Service of notice is not complete on Respondent Nos.1, 5, 9, 12, 13, 14, 15, 16, 19, 21, 23, 27, 31, 34, 35, 39, 43, 46, 48.

SLP (C) No. 11163 OF 2014

It is submitted that notice was issued to all the 53 respondents. Counsel for Respondent Nos. 2, 6, 7, 8, 11, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24, 25, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49 to 53 have not filed counteraffidavit so far. A.D. card in respect of Respondent No. 5 has been received but no one entered appearance. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 1, 3, 4, 9, 10, 13, 21, 23, 26, 30, 38, 48.

Service of notice is not complete on Respondent Nos.1, 3, 4, 9, 10, 13, 26, 30, 38, 48.

SLP (C) No. 21084 OF 2015

The matter abovementioned was listed before the Hon'ble Court on 24th July, 2015, when the Court was pleased to pass the following order:

"Delay condoned. Issue notice. Tag with SLP (C) No. 7777 of 2014."

It is submitted that in pursuance of the order quoted above, show cause notice was issued to both the respondents through registered A.D. post. A.D. card duly signed has been received from Respondent No. 1 but no one has entered appearance on his behalf so far. Neither A.D. card nor unserved cover containing show cause notice has been received back from Respondent No. 2 so far.

Service of show cause notice is not complete on Respondent No. 2

The matters abovementioned are listed before the Ld. Registrar with this Office Report.

Dated this the 10th day of October, 2015.

ASSISTANT REGISTRAR

Copy to:

    1. Mr. Shibashish Misra, Adv. (Supreme Court Bar Association)
    1. Ms. Kirti R. Mishra, Adv (203, C.K.D. Lawyer's Chambers)
    1. Ms. Savita Singh, Adv. (Bar Association)
    1. Mr. V.K. Monga, Adv. (Supreme Court Bar Association)
    1. M/s. Arti Singh Associates, Advs (126, Old Lawyers Chambers)
    1. Mr. T. K. Pradhan, Adv. (32 Lawyer's Chambers)

ASSISTANT REGISTRAR

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