Gazala Rashid vs. The State Of Jammu And Kashmir Chief Secretary
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IN THE SUPREME COURT OF INDIA LISTED ON : 27.10.2016 CIVIL APPELLATE JURISDICTION Registrar Court No. : 1
SECTION XVIA ITEM No. : 59
SPECIAL LEAVE PETITION (CIVIL) Nos. 3319033193 of 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTARY APPLICATION NOS. 710 OF 2016 (Application for substituted service) IN
GAZALA RASHID & ORS.ETC.ETC. ....Petitioners
VERSUS
STATE OF JAMMU AND KASHMIR & ORS. ETC.ETC. .....Respondents
OFFICE REPORT
The Special Leave Petitions abovementioned were listed before the Ld. Registrar's Court on
22nd April, 2016, when he was pleased to pass the following Order:
"SLP(C) No.33190/2015
Despite last opportunity having been granted to respondent Nos.1 to 6 and 40, they have not filed counter affidavit. As such, further opportunity is declined.
Respondent Nos.42 to 46, 50 and 51 have also filed counter affidavit.
Application for deletion of respondent Nos.38, 39, 48 to 49, 54 to 59 is pending for orders.
Last opportunity of two weeks is granted to learned counsel for the petitioner for taking fresh steps for service of unserved respondents. Notice thereafter be issued.
Defects in the application for substituted service on respondent Nos.7 to 15, 17 to 19, 22 to 23, 25, 27 to 32 and 35 to 37 be cured within two weeks' time.
SLP(C) No.33191/2015
Despite last opportunity having been granted to respondent Nos.1 to 4, they have not filed counter affidavit. As such, further opportunity is declined.
Application for deletion of respondent Nos.5 to 8 has been updated in Chamber pool.
SLP(C) No.33192/2015
None appears for respondent Nos.16, 20, 21, 24, 26, 33, 34, 40, 41, 45 and 46 despite due service.
Despite last opportunity having been granted to respondent Nos.1 to 6, 40, 43, 44 and 54, they have not filed counter affidavit. As such, further opportunity is declined.
Last opportunity of two weeks is granted to learned counsel for the petitioner to take fresh steps for service on unserved respondents. Notice thereafter be issued.
Application for deletion of respondent Nos.38, 39, 42, 47 to 43 and 60 has been updated in Chamber pool.
Defects in the application for substituted service on respondent Nos.7 to 15, 17 to 19, 22 to 23, 25, 27 to 32 and 35 to 37 be cured within two weeks' time.
SLP(C) No.33193/2015
None appears for respondent Nos.21, 24, 26, 34, 41, 47, 86, 97 and 99 despite due service.
Despite last opportunity having been granted to respondent Nos.1 to 6, they have not filed counter affidavit. As such, further opportunity is declined.
Application for deletion of respondent Nos.107 to 110 has been updated in Chamber pool.
Defects in the application for substituted service on respondent Nos.7 to 15, 17 to 19, 22 to 23, 25, 27 to 32 and 35 to 40, 42 to 46, 48 to 85, 87 to 96, 99, 100 to 106 be cured within two weeks' time.
Learned counsel for petitioners to take fresh steps for service on unserved respondent within two weeks' time. Notice thereafter be issued. List again on 5.8.2016"
Accordingly, notice was issued to all respondent Nos. 1 to 59 in SLP (C) No. 33190/2015, Respondent Nos. 1 to 8 in SLP (C) No. 33191/2015, Respondent Nos. 1 to 60 in SLP (C) No. 33192/2015 and Respondent Nos. 1 to 110 in SLP (C) No. 33193/2015 through Regd A.D. Post on 11022015.
It is submitted that Respondent Nos. 1 to 6 in SLP (C) No. 33190, 33192, 33193 and Respondent Nos. 1 to 4 in SLP (C) No. 33191/2015 who are common respondents and are represented by Mr. Sunil Fernandes, Advocate and Respondent Nos. 40, 42 to 46, 50 & 51 who are common respondent in SLP (C) No. 33192/2015 as respondent Nos. 43,44,54 to 59 are represented by Mr. Yashraj Singh Deora, Advocate.
It is further submitted that duly signed A.D. Card have been received from Respondent Nos. 20, 21, 24, 26, 34, 41, 47, 52, 53 in SLP (C) No. 32190/2015 who are common respondent Nos, 20, 21, 24, 26, 34, 41, 47, 86, 97, 99 in SLP (C) No. 33193/2015 but no one has entered appearance on their behalf so far.
It is submitted that Interloctary application Nos. 3 to 6 of 2016 i.e. Application for Amended Cause title was allowed vide Hon'ble Judge in Chamber's Order dated 23rd August, 2016 and Respondent Nos. 38, 39, 48, 49 and 54 to 59 in SLP(C) No. 33190 of 2015, Respondent Nos. 5 to 8 in SLP(C) No. 33191 of 2015 and Respondent Nos. 38, 39, 42, 47 to 53 and 60 in SLP(C) No. 33192 of 2015 and Respondent Nos. 107 to 110 in SLP(C) No. 33193 of 2013 have been deleted from the array of parties and copy of amended cause title has been included in the paper books as well as certified copy of the same has been issued to the concerned High Court.
It is lastly submitted that counsel for the petitioners has filed an application for substituted service upon all the unserved contesting respondents by way of publication i.e. Respondent Nos. 7 to 15, 17 to 19, 22, 23, 25, 27 to 33, 35 to 37 in SLP(C) No. 33190 of 2015, Respondent Nos. 1 to 4 in SLP(C) No. 33191 of 2015, Respondent Nos. 7 to 15, 17 to 19, 22, 23, 27 to 33, 35 to 37 in SLP(C) No. 33192 of 2015, Respondent Nos. 7 to 15, 17 to 19, 22 to 23, 27 to 33, 35 to 40, 42 to 46, 48 to 85, 87 to 96, 98, 100 to 106 in SLP(C) No. 33193 of 2015 after serving its copy on other side and the same has been registered as Interloctary application no. 710 of 2016.
The matter abovementioned is listed before Ld. Registrar's Court with this office report. Dated this the 26th day of October, 2016.
ASSISTANT REGISTRAR
Copy to : Ms. Jyoti Mendiratta, Advocate Mr. Yashraj Singh Deora, Advocate Mr. Sunil Fernandes, Advocate Mr. Yashraj Singh Deora, Advocate
ASSISTANT REGISTRAR
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