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BHUPENDRA CHHAGANLAL JHAVERI AND ANR. v. THE STATE OF MAHARASHTRA AND ORS. HOUSING AND SPECIAL ASSISTANCE DEPARTMENT SECRETARY GENERAL

Supreme Court of India | Diary 10132/2014

Status

ROP - of Main Case

Decided On

10-10-2017

Bench

HON'BLE MR. JUSTICE ARUN MISHRA and HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Petitioner

BHUPENDRA CHHAGANLAL JHAVERI AND ANR.

Respondent

THE STATE OF MAHARASHTRA AND ORS. HOUSING AND SPECIAL ASSISTANCE DEPARTMENT SECRETARY GENERAL

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Full Judgment Text

ITEM NO.2 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).11368/2014 (Arising out of impugned final judgment and order dated 07-01-2014 in WP No.1008/2010 passed by the High Court Of Judicature At Bombay) BHUPENDRA CHHAGANLAL JHAVERI & ANR. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (With appln.(s) for exemption from filing O.T.) Date : 10-10-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Piyush Shah,Adv. For Mr. Nilofar Khan,AOR For Respondent(s) Mr. Mahaling Pandarge,Add.Govt.Adv. Mr. Nishant Ramakantrao Katneshwarkar,AOR UPON hearing the counsel the Court made the following O R D E R No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. T he special leave petition is accordingly dismissed. Pending application, if any, stands disposed of. However, the petitioners are at liberty to approach the appropriate Court for appropriate relief. (Sarita Purohit) (Tapan Kumar Chakraborty) Court Master Branch Officer

ITEM NO.4 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 (Arising out of impugned final judgment and order dated 07-01-2014 in WP No. 1008/2010 passed by the High Court Of Bombay) BHUPENDRA CHHAGANLAL JHAVERI AND ANR. & ANR. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA AND ORS. & ORS. Respondent(s) Date : 12-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Nilofar Khan, AOR For Respondent(s) Mr. mahaling Pandarge, Addl. Govt. Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR UPON hearing the counsel the Court made the following O R D E R As prayed, lsit after ten days. (NEELAM GULATI) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.2 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 2/2017 & I.A. 3/2017 in Petition(s) for Special Leave to Appeal (C) No(s).11368/2014 (Arising out of impugned final judgment and order dated 07/01/2014 in WP No. 1008/2010 passed by the High Court Of Bombay) BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) (For restoration and exemption from filing O.T. and office report) Date : 04/05/2017 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Piyush M. Shah, Adv. Mr. Anjum Parvez, Adv. Ms. Nilofar Khan,Adv. For Respondent(s) Mr. Prashant Kentale, Adv. Mr. Preshit Surshe, Adv. Mr. Nishant Ramakantrao Katneshwarkar,Adv. UPON hearing the counsel the Court made the following O R D E R I.A. No.2 for restoration of Special Leave Petition allowed subject to payment of cost of Rs.1000/- to the Supreme Court Employees Welfare Association within a period of 15 days from today. (B.Parvathi) Court Master (Tapan Kr. Chakraborty) Court Master

LITEM NO.2 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 2/2017 & I.A. 3/2017 in Petition(s) for Special Leave to Appeal (C) No(s).11368/2014(Arising out of impugned final judgment and order dated 07/01/2014in WP No. 1008/2010 passed by the High Court Of Bombay)BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ORS Respondent(s)(For restoration and exemption from filing O.T. and office report)Date : 04/05/2017 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Mr. Piyush M. Shah, Adv.Mr. Anjum Parvez, Adv.Ms. Nilofar Khan,Adv. For Respondent(s) Mr. Prashant Kentale, Adv.Mr. Preshit Surshe, Adv.Mr. Nishant Ramakantrao Katneshwarkar,Adv. UPON hearing the counsel the Court made the following O R D E R I.A. No.2 for restoration of Special Leave Petitionallowed subject to payment of cost of Rs.1000/- to theSupreme Court Employees Welfare Association within a periodof 15 days from today. (B.Parvathi) Court Master (Tapan Kr. Chakraborty) Court Master

ITEM NO.7 COURT NO.10 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 (Arising out of impugned final judgment and order dated 07/01/2014 in WP No. 1008/2010 passed by the High Court Of Bombay) BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 24/01/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Ms. Nilofar Khan,Adv.(NP) For Respondent(s) Mr. Mahaling Pandarge, Addl.Govt. Adv.(NP) Mr. Nishant Ramakantrao Katneshwarkar,Adv.(NP) UPON hearing the counsel the Court made the following O R D E R The Special Leave Petition is dismissed for non-prosecution. (HEMALATHA MOHAN) SR.P.A. (SUMAN JAIN) COURT MASTER

¸ITEM NO.7 COURT NO.10 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 11368/2014(Arising out of impugned final judgment and order dated 07/01/2014 in WP No. 1008/2010 passed by the High Court Of Bombay)BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ORS Respondent(s)Date : 24/01/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Ms. Nilofar Khan,Adv.(NP) For Respondent(s) Mr. Mahaling Pandarge, Addl.Govt. Adv.(NP)Mr. Nishant Ramakantrao Katneshwarkar,Adv.(NP) UPON hearing the counsel the Court made the following O R D E R The Special Leave Petition is dismissed fornon-prosecution. (HEMALATHA MOHAN)SR.P.A. (SUMAN JAIN)COURT MASTER

ITEM NO.28 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 12/10/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Vakalatnama on behalf of respondent no. 1 has not been filed despite undertaking being given. Service otherwise was complete. However, none has entered appearanace as on date. Service in respect of Respondent nos. 2 to 5 is complete. However, none has entered appearance on their behalf as well. Registry to process the matter for being listed before the Hon'ble Court as per rules. (RACHNA GUPTA) Registrar

Ê ITEM NO.28 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 12/10/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Vakalatnama on behalf of respondent no. 1 has not been filed despite undertaking being given. Service otherwise was complete. However, none has entered appearanace as on date. Service in respect of Respondent nos. 2 to 5 is complete. However, none has entered appearance on their behalf as well. Registry to process the matter for being listed before the Hon'ble Court as per rules. (RACHNA GUPTA)Signature Not Verified RegistrarDigitally signed byVinod KumarDate: 2015.10.1317:13:17 ISTReason:

ITEM NO.41 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SURAJIT DEY Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 10/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete. The Ld. Advocate, Mr. Preshit Surshe, appearing on behalf of Mr. Nishant Katneshwarkar, Advocate-on-Record undertakes to file vakalatnama and Memo of Appearance on behalf of respondent No.1 – State within two weeks. Counter affidavit, if any, be filed within four weeks. Despite service, no one has put in appearance on behalf of rest of the respondents. List again on 12.10.2015. (SURAJIT DEY) Registrar

\222 ITEM NO.41 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SURAJIT DEY Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 10/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete. The Ld. Advocate, Mr. Preshit Surshe, appearing on behalf of Mr. Nishant Katneshwarkar, Advocate-on-Record undertakes to file vakalatnama and Memo of Appearance on behalf of respondent No.1 - State within two weeks. Counter affidavit, if any, be filed within four weeks. Despite service, no one has put in appearance on behalf of rest of the respondents. List again on 12.10.2015. (SURAJIT DEY)Signature Not Verified RegistrarDigitally signed byRupam DhamijaDate: 2015.08.1413:22:31 ISTReason:

ITEM NO.38 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 05/05/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service of respondent Nos.3 to 5 is still awaited. The Ld. Counsel for the petitioner has requested for dasti notice, in addition. Be accordingly issued. Be got served and proof of service be filed within 28 days of the service. Registry to report the status of respondent Nos.1 and 2. List again on 10.8.2015. (RACHNA GUPTA) Registrar

ITEM NO.38 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 05/05/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service of respondent Nos.3 to 5 is still awaited. The Ld. Counsel for the petitioner has requested for dasti notice, in addition. Be accordingly issued. Be got served and proof of service be filed within 28 days of the service. Registry to report the status of respondent Nos.1 and 2. List again on 10.8.2015. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.05.1117:57:59 ISTReason:

ITEM NO.45 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 13/04/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service report in respect of respondent Nos.3 to 5 is still awaited. List again on 5.5.2015. (RACHNA GUPTA) Registrar

Ô ITEM NO.45 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 13/04/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service report in respect of respondent Nos.3 to 5 is still awaited. List again on 5.5.2015. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.04.1717:27:52 ISTReason:

ITEM NO.47 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 24/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Petitioner to take fresh steps for effecting service on respondent nos. 3 to 5 as last opportunity. List the matter on 13 th April, 2015. (RACHNA GUPTA) Registrar

ITEM NO.87 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SURAJIT DEY Petition(s) for Special Leave to Appeal (C) No(s). 11368/2014 BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ORS Respondent(s) Date : 08/01/2015 This petition was called on for hearing today. For Petitioner(s) Mr. S. R. Setia,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent Nos.1 and 2 but no one has put in appearance. The Ld. Counsel for the petitioner to take fresh steps for effecting service upon respondent Nos.3 to 5 within two weeks. List again on 23.2.2015. (SURAJIT DEY) Registrar

jITEM NO.26 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).11368/2014(From the judgement and order dated 07/01/2014 in WP No.1008/2010of The HIGH COURT OF BOMBAY)BHUPENDRA CHHAGANLAL JHAVERI & ANR Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ORS Respondent(s)(With appln(s) for exemption from filing O.T. and prayer for interimrelief)Date: 09/05/2014 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. S. Guru Krishna Kumar, Sr. Adv. Mr. S.R. Setia,Adv. Prasana Venkat, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Liberty to serve the Standing Counsel for the State of Maharashtra is granted. (Vishal Anand) (Indu Pokhriyal) Court Master Court Master

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