1 ITEM NO.50 COURT NO.17 SECTION X 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). 12105/2020 (Arising out of impugned final judgment and order dated 17-10-2019 in SPLA No. 22/2013 passed by the High Court Of Uttarakhand At Nainital) BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (IA No. 86772/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 86775/2020 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 12106/2020 (X) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 87976/2020 FOR EXEMPTION FROM FILING O.T. ON IA 87977/2020 IA No. 87976/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 87977/2020 - EXEMPTION FROM FILING O.T.) SLP(C) No. 12108/2020 (X) ( FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 92687/2020 FOR EXEMPTION FROM FILING O.T. ON IA 92688/2020) SLP(C) No. 12270-12271/2020 (X) ( FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 90151/2020 FOR EXEMPTION FROM FILING O.T. ON IA 90152/2020 FOR EXEMPTION FROM FILING O.T. ON IA 20337/2021) Date : 10-05-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Gaurav Agarwal, Sr. Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Anupama Ngangom, Adv. Ms. Rajkumari Divyasana, Adv.
2 Mr. R.rajaselvan, Adv. For Respondent(s) Mr. Ankit Shah, Adv. Mr. Manan Verma, AOR Mr. Abhishek Atrey, AOR Dr. Abhishek Atrey, Adv. Ms. Ishita Bisht, Adv. Ms. Ambika Atrey, Adv. Mr. Brijesh Kumar, Adv. Ms. Vidyottma Jha, Adv. Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR Mr. Maibam Nabaghanashyam Singh, AOR UPON hearing the counsel the Court made the following O R D E R 1 Mr. Gaurav Aarwal, learned senior counsel appearing on behalf of the petitioners wants to withdraw these Special Leave Petitions as his clients have already moved an application before the High Court for recall of the impugned order. 2 The Special Leave Petitions are dismissed as not pressed. 3 We clarify that we have otherwise not gone into the merits of the matter. (GULSHAN KUMAR ARORA) (RAM SUBHAG SINGH) AR-CUM-PS COURT MASTER
ITEM NO.24 REGISTRAR COURT. 1 SECTION X 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 SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) SLP(C) No. 12108/2020 (X) SLP(C) No. 12270-12271/2020 (X) Date : 24-04-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Anupama Ngangom, Adv. For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Rachna Gandhi, Adv. Mr. Abhishek Atrey, AOR Mr. Vikas Negi, Adv. Dr. Abhishek Atrey, Adv. Ms. Ambika Atrey, Adv. Mr. Akash Giri, Adv. Mr. Jatinder Kumar Bhatia, AOR Mr. Krishnam Mishra, Adv. Mr. Param Kumar Mishra, Adv. Ms. Filza Moonis, AOR Mr. Maibam Nabaghanashyam Singh, AOR UPON hearing the counsel, the Court made the following O R D E R All matters Petitioner does not want to press Application for contd….
-2- deletion in respect of respondent Nos.5, 6, 8 and 9 in SLP(C) No. 12106/2020 and respondent Nos.10 and 12 in SLP(C) No.12108/2020 and dismissed in terms order of the Hon’ble Judge in Chambers. Registry to process the matters for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar
1 ITEM NO.1714 COURT NO.14 SECTION X 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). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) (IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12108/2020 (X) (IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 05-04-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA [IN CHAMBERS] For Petitioner(s) Mr. Karun Sharma, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Ms. Anupama Ngangom, Adv. For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Rachna Gandhi, Adv. Mr. Abhishek Atrey, AOR Mr. Vikas Negi, Adv. Ms. Ambika Atrey, Adv. Mr. Akash Giri, Adv. Dr. Abhishek Atrey, Adv. Ms. Filza Moonis, AOR Mr. Maibam Nabaghanashyam Singh, AOR UPON hearing the counsel the Court made the following O R D E R I.A. NO. 22327/2021 IN SLP (C) NO. 12106 OF 2020 AND I.A. NO. 22318/2021 IN SLP (c) NO. 12108 OF 2020 The learned counsel for the petitioners does not want to press
2 these applications. The same are, accordingly, dismissed as not pressed. List the Special Leave Petitions in due course. (JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
ITEM NO.19 REGISTRAR COURT. 1 SECTION X 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 SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021) SLP(C) No. 12270-12271/2020 (X) ) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 23-01-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR Mr. Mr. Karun Sharma, Adv., Adv. Mr. Mr. Karun Sharma, Adv, Adv. Mr. Mr. Anupam Ngangom, Adv., Adv. Mr. Mr. Anupam Ngangom, Adv, Adv. Mr. Mr. Wahengbam Immanuel Meitei, Adv., Adv. For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Rachna Gandhi, Adv. Mr. Abhishek Atrey, AOR Mr Vikas Negi, Adv. Mr. Jatinder Kumar Bhatia, AOR Mr Krishnam Mishra, Adv. Mr Param Kumar Mishra, Adv. Contd….
-2- Item no.19 Ms. Filza Moonis, AOR Mr. Maibam Nabaghanashyam Singh, AOR Mr. Sanjeev Verma, Adv. Mr. Shakti Pattanaik, Adv. UPON hearing the counsel, the Court made the following O R D E R SLP(C) No.12105/2020 Opportunity to respondent nos. 1 to 4 to file counter affidavit has already been declined. SLP(C) No. 12106/2020 Opportunity to respondent nos. 1 to 4 to file counter affidavit has already been declined. Service is complete on respondent nos. 7 and 10 but none has entered appearance. Respondent nos. 8 and 9 have been deleted from the array of parties vide order dt.3.11.2022 passed by the Hon’ble Judge in Chambers. Ld. Counsel for the petitioner has filed application for deletion in respect of respondent nos. 5 and 6. Same be processed for listing before the Hon’ble Judge in Chambers for necessary directions. SLP(C) No. 12270-12271/2020 Opportunity to common respondent nos. 1 to 3 and respondent nos. 5 to 7 in SLP(C) No. 12270/2020 to file counter affidavit has already been declined. Contd….
-3- Item no.19 Common respondent no.4 has already filed counter affidavit. Service is complete on the remaining respondents but none has entered appearance. SLP(C) No. 12108/2020 Opportunity to respondent nos. 1 to 5 and 7 to file counter affidavit has already been declined. Respondent no.11 is granted four weeks’ time as last opportunity for filing counter affidavit, if any. Service is complete on respondent nos. 6,8,9 and 12 to 16 but none has entered appearance. Ld. counsel for the petitioner has filed application for deletion in respect of respondent nos. 10 and 11. Same be processed for listing before the Hon’ble Judge in Chambers for necessary directions. H. SHASHIDHARA SHETTY Registrar
ITEM NO.38 REGISTRAR COURT. 1 SECTION X 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 SH. ATUL M. KURHEKAR Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 21-11-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Mr. Anupam Ngangom, Adv. Mr. Wahengbam Immanuel Meitei, Adv. For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Rachna Gandhi, Adv. Mr. Abhishek Atrey, AOR Mr. Vikas Negi, Adv. Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR Mr. Maibam Nabaghanashyam Singh, AOR UPON hearing the counsel, the Court made the following O R D E R SLP(C) No. 12105/2020 Opportunity to respondent Nos.1 to 4 to file counter affidavit has already been declined. Contd….
-2- SLP(C) No. 12106/2020 Opportunity to respondent Nos.1 to 4 to file counter affidavit has already been declined. Service is complete on respondent Nos.7 to 10 but none has entered appearance. Respondent Nos.8 and 9 have been deleted from the array of parties vide order dated 3.11.2022 passed by the Hon’ble Judge in Chambers. Service of notice on the Application for deletion is complete in respect of respondent Nos.5 and 6, in view of order dated 23.8.2021 passed by the Hon’ble Judge in Chambers, but none has entered appearance. SLP(C) No. 12270-12271/2020 Service is complete on respondent Nos.7 and 9 in SLP(C) No.12270/2020 and respondent Nos.5 and 6 in SLP(C) No.12271/2020 but none has entered appearance. Opportunity to common respondent Nos.1 to 3 and respondent Nos.5 to 7 in SLP(C) No.12270/2020 to file counter affidavit has already been declined. Common respondent No.4 has already filed counter affidavit. SLP(C) No. 12108/2020 Opportunity to respondent Nos.1 to 5 and 7 to file counter affidavit has already been declined. Contd….
-3- Service is complete on respondent Nos.6, 8, 9 and 12 to 16 but none has entered appearance. Respondent No.11 is granted four weeks’ time for filing counter affidavit. Service of notice on the Application for deletion is complete in respect of respondent No.10, in view of order dated 23.8.2021 passed by the Hon’ble Judge in Chambers, but none has entered appearance. List on 9.1.2023. ATUL M. KURHEKAR Registrar
1 ITEM NO.1748 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (OFFICE REPORT ON DEFAULT ONLY IN SLP(C) NO. 12106 OF 2020 WILL BE LISTED IN HON'BLE COURT (INCHAMBER)) WITH SLP(C) No. 12106/2020 (X) (FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 ADDITION / DELETION / MODIFICATION PARTIES) Date : 03112022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA [IN CHAMBER] For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr. Ashutosh Kumar Sharma, Adv. Mr. Saurabh Trivedi, AOR Mr. Abhishek Atrey, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 12106/2020: Learned counsel appearing for the petitioners pointed out that there are four respondents, who are yet to be served with notice of this Court at the SLP’s stage. However, learned counsel further pointed out that 4 unserved respondents are those against whom he is not seeking any relief. Out of 4 unserved respondents, 2 respondents have been served in the recent past wherein left with
2 two unserved respondent Nos.8 and 9. Respondent No.9 has passed away and so far as unserved Respondent No.8 is concerned, no relief is sought for. As prayed, learned counsel is permitted to delete Respondent Nos.8 and 9 from the array of parties. Cause title be amended accordingly. With this, the Special Leave Petition may be ready for taken up for hearing and the Registry is directed to proceed further accordingly. (VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)
ITEM NO.6 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. AVANI PAL SINGH Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 18-02-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr Vikas Negi, Adv. Ms Ambika Atrey, Adv. Mr. Abhishek Atrey, AOR Mr. Saurabh Trivedi, AOR Ms Rachna Gandhi, Adv. Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR UPON hearing the counsel, the Court made the following O R D E R SLP(C) No.12105/2020 Opportunity to respondent nos. 1 to 4 to file counter affidavit has already been declined vide order dt.15.11.2021. Contd....
-2- SLP(C) No. 12106/2020 Opportunity to respondent nos. 1 to 4 to file counter affidavit has already been declined vide order dt.15.11.2021. Service is complete on respondent nos. 7 to 10 but none has entered appearance on their behalf. Notices issued in respect of application for deletion in I.A. has been duly served on respondent nos. 5 and 6 but no one has entered appearance on their behalf. Petitioners were granted final opportunity to take appropriate steps in respect of respondent nos.8 and 9, who have reportedly died; however, no such steps have been taken. Ld. counsel for the petitioner has merely filed spare copies together with an application for condonation of delay, however, they have failed to file any application for substitution and further they have not filed any fresh particulars in that regard, as such, notices could not be issued. Registry to process the matter for listing before the Hon'ble Judge in Chambers for necessary directions. SLP(C) No. 12270-12271/2020 Respondent nos. 1 to 3, 5,6 and 8(SLP(C) NO.12270/2020) have already been declined the opportunity to file counter affidavit on an earlier occasion. Respondent no.4 has already filed counter affidavit. Service is complete on respondent nos. 7 and 9(SLP(C) NO.12270/2020) and respondent nos. 5 and 6(SLP(C) NO.12271/2020) but none has entered appearance on their behalf. Contd....
-3- SLP(C) No. 12108/2020 Opportunity to respondent nos.1 to 5 and 7 to file counter affidavit has already been declined. Service is complete on respondent nos. 6,8,9 and 12 to 16 but none has entered appearance on their behalf. In respect of application for deletion (IA No.22318/2021), notice issued upon respondent no.10 has been duly served but no one has entered appearance. In respect of respondent no.11, notice could not be issued as only spare copies together with an application for condonation of delay has been filed, but no fresh particulars have been filed, as such, two weeks' time as final opportunity is granted to the ld. counsel for the petitioner to file fresh particulars and, upon such filing, notice shall be issued at once. AVANI PAL SINGH Registrar
ITEM NO.10 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. AVANI PAL SINGH Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 06-01-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR Ms Anupama Ngangom, Adv. Mr Karun Sharma, Adv. For Respondent(s) Ms Rachna Gandhi, Adv. Mr. Saurabh Trivedi, AOR Mr Vikas Negi, Adv. Ms Ambika Atrey, Adv. Mr. Abhishek Atrey, AOR Mr. Jatinder Kumar Bhatia, AOR Mr Krishnam Mishara, Adv. Ms. Filza Moonis, AOR UPON hearing the counsel, the Court made the following O R D E R SLP(C) No. 12105/2020 Opportunity to respondent nos. 1 to 4 to file counter affidavit has already been declined. Contd....
-2- SLP(C) No. 12106/2020 Respondent nos. 1 to 4 have already been declined the opportunity to file counter affidavit. Service is complete on respondent nos. 7 and 10 but none has entered appearance on behalf of the said respondents. In respect of IA No.22327/2021 filed in this matter, service upon respondent nos. 5 and 6 is complete but none has entered appearance on behalf of the said respondents. Ld. counsel for the petitioner prays for and is granted two weeks' time as final opportunity to take fresh steps and file fresh particulars in respect of service upon respondent nos. 8 and 9 in IA, who the ld. counsel submits have reportedly died. SLP(C) No. 12270-12271/2020 Common respondent nos. 1 to 3, respondent nos. 5,6 and 8 in SLP(C) No.12270/2020 have been declined the opportunity to file counter affidavit. Ld. counsel for common respondent no.4 submits that they have already filed counter affidavit. Respondent nos. 7 and 9 in SLP(C) No.12270/2020 and respondent nos. 5 and 6 in SLP(C) No.12271/2020 are duly served, but none has entered appearance on behalf of the said respondents. SLP(C) No. 12108/2020 Respondent nos. 1 to 5 and 7 have already been declined the opportunity to file counter affidavit. Contd....
-3- Service is complete on respondent nos. 6,8,9 and 12 to 16 but none has entered appearance on behalf of the said respondent. In respect of IA No.22318/2021 in the matter, service is complete on respondent no.10 but none has entered appearance on behalf of the said respondent. Ld. counsel for the petitioner prays for and is granted two weeks' time to take fresh steps and file fresh particulars to effect service upon unserved respondent no.11 in the IA. List on 18.2.2022. AVANI PAL SINGH Registrar
ITEM NO.2 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. AVANI PAL SINGH Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 15-11-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr. Saurabh Trivedi, AOR Ms Rachna Gandhi, Adv. Mr Vikas Negi, Adv. Mr. Abhishek Atrey, AOR Ms Vidyottma Jha, Adv. Ms Ambika Atrey, Adv. Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR UPON hearing the counsel, the Court made the following O R D E R SLP(C) No. 12105/2020 Respondent nos. 1 to 4 have failed to file their respective counter affidavit despite grant of final opportunity; as such, further opportunity is declined. Contd....
-2- SLP(C) No. 12106/2020 Respondent nos. 1 to 4 have failed to file their respective counter affidavit despite final opportunity having been granted; as such, further opportunity is declined. Service is already complete on respondent nos. 7 and 10 but none has entered appearance. IA No.22327/2021 in SLP(C) No. 12106/2020 Service of notice on application, for deletion of names of respondent nos. 5 and 6, is complete but none has entered appearance. Service Report in respect of notice to respondent no.8 is awaited. Ld. Counsel for the petitioner submits that they have ascertained that the address of respondent no.9 is correct and that directions may be issued for issuance of notice on the same address. On query, the ld. counsel submits that they have not filed any affidavit/letter in that regard, stating such facts. In such view, a period of two weeks is granted to the ld. counsel for the petitioner to take fresh steps and file fresh particulars, for service of application for deletion in respect of respondent no.9. SLP(C) No. 12270-12271/2020 Common respondent nos. 1 to 3, 5,6 and 8 in SLP(C) No. 12270/2020 have failed to file counter affidavit despite last opportunity having been granted; as such, further opportunity is declined. Common respondent no.4 has already filed counter affidavit.
Contd.... -3- Service is complete on respondent nos. 7 and 9 in SLP(C) No. 12270/2020 and respondent nos. 5 and 6 in SLP(C)No. 12271/2020, but none has entered appearance on their behalf. SLP(C) No. 12108/2020 Respondent nos. 1 to 5 and 7 have failed to file counter affidavit despite last opportunity having been granted, as such, further opportunity is declined. Service is complete on respondent nos. 6,8,9 and 13 to 16 but none has entered appearance. In view of the report filed, service upon respondent no.12 shall be deemed to be complete; however, no one has entered appearance on behalf of said respondent. I.A.NO.22318/2021 IN SLP(C) NO.12108/2020 Service is complete on application for deletion on respondent no.10 but none has entered appearance. Await service report on application for deletion in respect of respondent no.11. List again on 6.1.2022. AVANI PAL SINGH Registrar
ITEM NO.1 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 12106/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) ( FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 21-09-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr. Abhishek Atrey, AOR Mr. Saurabh Trivedi, AOR Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for the Petitioner pointed out that Respondent No. 12 in item no. 103 i.e. SLP(C) No. 12108/2020 is Petitioner in item No. 1.1 i.e. SLP(C) No. 12106/2020. Registry to verify the same and make a report by the next date.
SLP(C) No. 12105/2020 Respondent nos. 1 to 4 are granted four weeks time for filing counter affidavit, as a last opportunity. SLP(C) No. 12106/2020 Respondent nos. 1 to 4 are granted four weeks time for filing counter affidavit, as a last opportunity. Service is complete on respondent nos. 7 and 10 but none has entered appearance. Await service of application for deletion in respect of respondent nos. 5, 6, 8 and 9. SLP(C) No. 12270-12271/2020 Common Respondent nos. 1 to 3 and Respondent Nos. 5, 6 and 8 in SLP (C) No. 12270/2020 are granted four weeks time for filing counter affidavit, as a last opportunity. Delay in filing fresh particulars in respect of Respondent No. 9 in SLP(C) No. 12270/2020 is condoned. Remaining respondents have been served but none has entered appearance. Issue notice immediately. SLP(C) No. 12108/2020 Respondent nos. 1 to 5 and 7 are granted four weeks time for filing counter affidavit, as a last opportunity. Await service of application for deletion in respect of respondent nos. 10 and 11. Ld. Counsel for the petitioner to take fresh steps and furnish fresh particulars to effect service on respondent no. 12 within two weeks time, as last opportunity. Remaining respondents have been served but none has entered appearance. List again on 15.11.2021. RAJESH KUMAR GOEL Registrar
ITEM NO.21 Court 12 (Video Conferencing) SECTION X 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). 12105/2020 BIRENDRA DUTT BADOLA & ORS.ETC. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (OFFICE REPORT ON DEFAULT ) WITH SLP(C) No. 12106/2020 (X) (FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22327/2021 IA No. 22327/2021 - ADDITION / DELETION / MODIFICATION PARTIES) SLP(C) No. 12270-12271/2020 (X) SLP(C) No. 12108/2020 (X) (FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 22318/2021 IA No. 22318/2021 - ADDITION / DELETION / MODIFICATION PARTIES) Date : 23-08-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBER] For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Rachna Gandhi, Adv. Dr. Abhishek Atrey, AOR Mr. Vikas Negi, Adv. Ms. Vidyottma Jha, Adv. Ms. Ambika Atrey, ADv. Mr. Jatinder Kumar Bhatia, AOR Ms. Filza Moonis, AOR UPON hearing the counsel the Court made the following O R D E R Let notice be issued on respondent nos. 5,6,8 and ..2/-
: 2 : 9 in IA No. 22327/2021 and respondent nos. 10 and 11 in I.A. No. 22318/2021 returnable in four weeks. Counter affidavit may be filed in the meantime. (SONIA BHASIN) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.19 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 1210 6/2020 (X) SLP(C) No. 12270 - 12271/2020 (X) SLP(C) No. 12108/2020 (X) Date : 12 - 01 - 2021 This petition was called on for hearing today. For Petitioner(s) Ms. Anupama Ng., Adv. Mr. Karun Sharma, Adv. Mr. Pukhrambam Ramesh Kumar, AOR For Respondent(s) Mr. Saurabh Trivedi, AOR Ms. Vidyottma Jha, Adv. Ms. Ambika Atrey, Adv. Mr. Abhishek Atrey, AOR Ms. Filza Moonis, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R SLP(C) No.12105/2020 Four weeks' time is granted to respondent Nos.1 to 4 for filing counter affidavit. SL P(C) No. 12106/2020 Four weeks' time is granted to respondent Nos.1 to 4 for filing counter affidavit.
Item No.19 - 2 - Service is complete on respondent Nos.7 and 10 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars of respondent Nos.5, 6, 8 and 9 within two weeks, as last opportunity. SLP(C) No. 12270 - 12271/2020 Four weeks' time is granted to respondent Nos.1 to 3 (common) for filing counter affidavit. Four weeks' time is granted to res pondent Nos.5, 6 and 8 in SLP(C) No. 12270/2020 for filing counter affidavit. Service is complete on respondent No.4 (common), respondent No.7 in SLP(C) No. 12270/2020 and respondent Nos.5 and 6 in SLP(C) No. 12271/2020 but none has entered appearance . Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars of respondent No.9 in SLP(C) No.12270/2020 within two weeks, as last opportunity. SLP(C) No. 12108/2020 Four weeks' time is granted to respondent Nos.1 to 5 and 7 for filing counter affidavit. Service is complete on respondent Nos.6, 8 to 9 and 13 to 16 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars of respondent Nos.10 to 12 within two weeks.
Item No.19 - 3 - If fresh steps are not taken with fresh particulars within two weeks in respect of the respective respondents in respective matters, Registry to process the matters for listing before the Hon’ble Judge in Chamber for orders. If fresh steps are taken with fresh particulars within two weeks in respect of the respective respondents in respective matters, be processed as per rules and the matters be listed before this Court again on 16.2.2021. ANIL LA XMAN PANSARE Registrar
ITEM NO.21 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION X 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 SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 12105/2020 BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) WITH SLP(C) No. 1210 6/2020 (X) SLP(C) No. 12270 - 12271/2020 (X) SLP(C) No. 12108/2020 (X) Date : 04 - 12 - 2020 This petition was called on for hearing today. For Petitioner(s) Ms. Anupama Ng., Adv. Mr. Karun Sharma, Adv. Mr. Pukhrambam Ramesh K umar, AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Advocate - on - record, Ms. Filza Moonis appears for respondent Nos.5, 6 and 8 in SLP(C) No. 12270 - 12271/2020. She seeks time to file vakalatnama and counter affidavit. Be filed within four weeks. Ld. Advocate, Mr. Ashutosh Kumar Sharma, appearing on be half of Mr. Jatinder Kumar Bhatia, Advocate - on - record appears for respondent No.4 – State of Uttrakhand in SLP(C) No.12270 - 12271/2020 and Ld. Advocate, Dr.Abhishek Atrey appears for the State of Uttarakhand, i.e., respondent Nos.1
Item No.21 - 2 - to 4 in SLP(C) No. 12105/2020, respondent Nos.1 to 3 in SLP(C) No. 12270 - 12271/2020 and respondent Nos.1 to 3 in SLP(C) No.12108/2020. They seek time to file vakalatnama and counter affidavit. Be filed within four weeks. Ld. Counsel for the petitioner to t ake fresh steps alongwith fresh particulars of the unserved respondents, as mentioned in the office report dated 1.12.2020 within two weeks. List again on 12.1.2021. ANIL LAXMAN PANSARE Registrar
SLP(C) D.10208/2020 1 ITEM NO.6 Court 3 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.10208/2020 (Arising out of impugned final judgment and order dated 17-10-2019 in SPLA No. 22/2013 passed by the High Court of Uttarakhand at Nainital) BIRENDRA DUTT BADOLA & ORS. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (with appln.(s) for interim relief, c/delay in filing SLP, exemption from filing c/c of the impugned judgment and exemption from filing O.T.) WITH Diary No.10211/2020 (X) (with appln.(s) for interim relief, c/delay in filing SLP, exemption from filing c/c of the impugned judgment and exemption from filing O.T.) Diary No.10244/2020 (X) (with appln.(s) for interim relief, c/delay in filing SLP, exemption from filing c/c of the impugned judgment and exemption from filing O.T.) Diary No.10359/2020 (X) (with appln.(s) for interim relief, c/delay in filing SLP, exemption from filing c/c of the impugned judgment and exemption from filing O.T.) Date : 05-10-2020 These petitions were called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. K.V. Vishwanathan, Sr. Adv. Mr. Pukhrambam Ramesh Kumar, AOR Ms. Anupmama Ng., Adv. Mr. Karun Sharma, Adv. Mr. Venkataraman, Adv.
SLP(C) D.10208/2020 2 For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned. 2 Mr K V Vishwanathan, learned senior counsel appearing on behalf of the petitioners has confined his challenge only to two aspects of the impugned judgment and order of the High Court, namely, paragraphs 54 and 67. Firstly, it has been submitted that though the High Court has directed that the petitioners should be reverted as Foresters, the petitioners ought to be entitled to the promotions which similarly situated Foresters in their batch have received in the meantime. Mr Vishwanathan submits that the next promotion to the post of Deputy Ranger under the rules, is based on seniority. Secondly, the High Court has directed that since the order dated 21 December 2016 is null and void, the amounts which were paid to the petitioners shall be recovered. The challenge to the impugned judgment is restricted to the above two issues. 3 Issue notice confined to the above two issues, returnable in eight weeks. 4 Liberty to serve the Standing Counsel for the State of Uttarakhand, in addition. 5 Till the next date of listing, no recovery shall be made from the petitioners in pursuance of the directions contained in paragraph 67 of the impugned judgment and order. The implementation of the rest of the judgment is not stayed. (CHETAN KUMAR) (SAROJ KUMARI GAUR) AR-cum-PS BRANCH OFFICER