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CHANDRA BHUSHAN PANDEY v. UNION OF INDIA SECRETARY

Supreme Court of India | Diary 10286/2018

Status

ROP - of Main Case

Decided On

22-07-2024

Bench

HON'BLE MS. JUSTICE HIMA KOHLI and HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

CHANDRA BHUSHAN PANDEY

Respondent

UNION OF INDIA SECRETARY

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Full Judgment Text

SLP(C) No. 21223/2018 ITEM NO.33 COURT NO.9 SECTION XI 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). 21223/2018 (Arising out of impugned final judgment and order dated 06-09-2016 in WP No. 27816/2005 passed by the High Court Of Judicature At Allahabad) CHANDRA BHUSHAN PANDEY PETITIONER VERSUS UNION OF INDIA & ORS. RESPONDENTS (IA No. 97894/2018 - CONDONATION OF DELAY IN FILING, IA No. 97895/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 97896/2018 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 23413/2018 (XI) (IA No. 106526/2018 - CONDONATION OF DELAY IN FILING, IA No. 106528/2018 - CONDONATION OF DELAY IN REFILING/ CURING THE DEFECTS, IA No. 106527/2018 - EXEMPTION FROM FILING O.T.) Date : 22-07-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Gaurav Agarwal, Adv. Ms. Shristi Gupta, Adv. Mr. Sarthak Kalra, Adv. Mr. Raj Singh Rana, AOR Ms. Vijay Rani, Adv. For Respondent(s) Ms. Aishwarya Bhati, A.S.G.(NP) Mr. Sarath Nambiar, Adv.* Ms. Swati Ghildiyal, Adv. Mr. Vishnu Shankar Jain, Adv. Mr. Sharath Nambiar, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Shaurya Sahay, AOR Mr. Aditiya Kumar, Adv.

SLP(C) No. 21223/2018 UPON hearing the counsel, the Court made the following O R D E R 1. Learned counsel for the petitioners states that he has instructions to withdraw the present petitions. 2. Taking the statement on record, the present petitions are dismissed as withdrawn. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) (*Physical appearance given in Court.)

SLP (C) NO.21223/2018 ITEM NO.33 COURT NO.9 SECTION XI 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). 21223/2018 (Arising out of impugned final judgment and order dated 06-09-2016 in WP No. 27816/2005 passed by the High Court Of Judicature At Allahabad) CHANDRA BHUSHAN PANDEY PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) ( IA No. 97894/2018 - CONDONATION OF DELAY IN FILING IA No. 97895/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 97896/2018 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 23413/2018 (XI) ( IA No. 106526/2018 - CONDONATION OF DELAY IN FILING IA No. 106528/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 106527/2018 - EXEMPTION FROM FILING O.T.) Date : 10-07-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Gaurav Agarwal, Adv. Ms. Shristi Gupta, Adv. Mr. Sarthak Kalra, Adv. Ms. Vijay Rani, Adv. Mr. Raj Singh Rana, AOR For Respondent(s) Ms. Swati Ghildiyal, Adv. Mr. Vinshnu Shankar Jain, Adv. Mr. Sharath Nambiar, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Shaurya Sahay, AOR Mr. Shobhit Dwivedi, Adv. Ms. Vanshaja Shukla, AOR 1

SLP (C) NO.21223/2018 UPON hearing the counsel the court made the following O R D E R 1. None is present on behalf of respondent No.4-State of Uttarakhand. 2. On enquiring from learned counsel for the petitioner as to whether the petitioner has been discharging his duties in the State of Uttarakhand, we are surprised to hear that the petitioner has continued to discharge his duties in the State of Uttar Pradesh earlier on the post of a Sub-Registrar and presently on the post of Registrar. We have enquired from the learned counsel for the respondent No.2-State of Uttar Pradesh as to why has no relieving order been passed in respect of the petitioner particularly when there is no interim order operating in favour of the petitioner in the present proceedings. Learned counsel seeks time to obtain instructions. 3. As none is present on behalf of the State of Uttarakhand despite service, Ms. Vanshaja Shukla, learned standing counsel for the State of Uttarakhand who is present in Court is requested to enter appearance. A complete set of paper book shall be furnished to her within two days. Learned counsel shall come prepared with instructions on the above aspect. 4. List on 22 nd July, 2024. (Nand Kishor) (Geeta Ahuja) Court Master (NSH) Assistant Registrar-cum-PS 2

ITEM NO.63 COURT NO.11 SECTION XI 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). 21223/2018 (Arising out of impugned judgment and order dated 06-09-2016 in WP No. 27816/2005 passed by the High Court Of Judicature At Allahabad) CHANDRA BHUSHAN PANDEY PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) (IA No. 97894/2018 - CONDONATION OF DELAY IN FILING, IA No. 97895/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 97896/2018 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 23413/2018 (XI) (IA No. 106526/2018 - CONDONATION OF DELAY IN FILING, IA No. 106528/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 106527/2018 - EXEMPTION FROM FILING O.T.) Date : 29-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Raj Singh Rana, AOR (NP) For Respondent(s) Mr. Shaurya Sahay, AOR UPON hearing the counsel, the Court made the following O R D E R 1. None is present on behalf of the petitioner. 2. In the interest of justice, no adverse orders are passed today. 3. List on 05 th February, 2024. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.30 REGISTRAR COURT. 2 SECTION XI 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. RAJIV KALRA Petition(s) for Special Leave to Appeal (C) No(s). 21223/2018 CHANDRA BHUSHAN PANDEY Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) WITH SLP(C) No. 23413/2018 (XI) Date : 10-12-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Anoop Kr. Srivastav, AOR Mr. Vijay Pal Sharma, Adv. Mr. Umesh Chandra Srivastava, Adv. For Respondent(s) Mr. Bhakti Vardhan Singh, AOR Mr. Yagrawalkya Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Appearance :Ld. counsel for petitioner is present. Ld. Counsel for respondent is present. SLP(C) No. 21223/2018 Service is complete upon respondent No. 6, but no one has entered appearance on his behalf. Service deemed complete in respect of Respondent Nos. 1 and 4 as both are common Respondent in connected SLP(C) No. 23413/18 and served therein. Only memo of appearance filed without filing Vakalatnama in respect of Respondent Nos. 2, 3 and 5. Four weeks time is granted to the said Respondents to file vakalatnama and Counter Affidavit.

ITEM NO.30 REGISTRAR COURT. 2 SECTION XI List the matter before the Hon’ble Court as per rules after expiry of four weeks as service is already deemed complete. SLP(C) No. 23413/2018 Service is complete upon respondent Nos. 1 and 4, but no one has entered appearance on their behalf. Service deemed complete in respect of Respondent No. 6 as same is common Respondent in connected SLP(C) No. 21223/18 and served therein. Only memo of appearance filed without filing Vakalatnama in respect of Respondent Nos. 2, 3 and 5. Four weeks time is granted to the said Respondents to file vakalatnama and Counter Affidavit. List the matter before the Hon’ble Court as per rules after expiry of four weeks as service is already deemed complete. RAJIV KALRA Registrar pm

ITEM NO.34 1 REGISTRAR COURT. 2 SECTION XI 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 SURINDER S. RATHI Petition(s) for Special Leave to Appeal (C) No(s). 21223/2018 CHANDRA BHUSHAN PANDEY Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) WITH SLP(C) No. 23413/2018 (XI) Date : 16-08-2019 These petitions were called on for hearing today. For Petitioner(s) Mr. Anoop Kr. Srivastav, AOR Mr. R.N. Pareek,Adv. Mr. Vijay Pal Sharma,Adv. Mr. Vipin Kr. Saxena,Adv. For Respondent(s) Mr. Bhakti Vardhan Singh, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 21223/2018 Await the return of the service of notice already issued to the respondent Nos.1 and 4. S ervice of notice is complete qua respondent No.6 but no one has entered appearance on his behalf. Respondent Nos. 2, 3 and 5 have filed memo of appearance. However, service is complete. Four weeks’ time is given for filing vakalatnama and counter affidavit.

ITEM NO.34 2 SLP(C) No. 23413/2018 Service of notice is complete qua respondent Nos. 1 and 4 but no one has entered appearance on their behalf. Await the return of the service of notice already issued to the respondent No.6. Respondent Nos. 2, 3 and 5 have filed only memo of appearance. However, service is complete. Four weeks’ time is given for filing vakalatnama and counter affidavit. List again on 10.12.2019. SURINDER S. RATHI Registrar MG

ITEM NO.32 COURT NO.3 SECTION XI 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). 21223/2018 CHANDRA BHUSHAN PANDEY Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (Only SLP(C) No. 23413 of 2018 is to be listed before the Hon'ble Judge in Chambers. ) WITH SLP(C) No. 23413/2018 (XI) ) Date : 15-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI [IN CHAMBERS] For Petitioner(s) Mr. Anoop Kr. Srivastav, AOR For Respondent(s) Mr. Bhakti Vardhan Singh, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 23413/2018 Learned counsel for the petitioner submits that necessary compliance in terms of the orders has been done on 12.07.2019 in the Registry. Office to verify and proceed further. (SUSHMA KUMARI BAJAJ) (SANTOSH KUMAR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.17 COURT NO.6 SECTION XI 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).21223/2018 CHANDRA BHUSHAN PANDEY PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) (Only SLP(C) No.23413 of 2018 is to be listed before the Hon'ble Judge in Chambers) WITH SLP(C) No.23413/2018 (XI) Date : 06-05-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI [IN CHAMBER] For Petitioner(s) Mr.Anoop Kr. Srivastav, AOR (N.P.) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R None is present for the petitioner. Learned counsel for the petitioner is granted four weeks’ time to do the needful. List after four weeks. (Ashok Raj Singh) (Chander Bala) Court Master Court Master

ITEM NO.7 COURT NO.4 SECTION XI 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(s). 10286/2018 (Arising out of impugned final judgment and order dated 06-09-2016 in WP No. 27816/2005 passed by the High Court Of Judicature At Allahabad) CHANDRA BHUSHAN PANDEY Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ( IA No.97894/2018-CONDONATION OF DELAY IN FILING and IA No.97896/2018-EXEMPTION FROM FILING O.T. and IA No.97895/2018- CONDONATION OF DELAY IN REFILING ) Date : 30-07-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Anoop Kr. Srivastav, AOR Mr. Vipin Kumar Saxena,Adv. Mr. P.K. Sinha,Adv. Mr. Deepak Jyoti Ghildiyal,Adv. Mr. R.N. Pareek,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the application(s) for condonation of delay in filing/refiling the special leave petition(s) as well as on the special leave petition(s). Tag with SLP(C) No.34260/2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

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