Listed On 02-04-2024
Court No. 15
Item No. 30

SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION


SPECIAL LEAVE PETITION (CIVIL) No. 32452-32453 OF 2013

WITH PRAYER FOR INTERIM RELIEF

WITH

IA Nos. 38-39, 40-41, 42-43, 44-45, 46-47, 48-49, 50-51, 52-53, 54-55, 163181/2023 - APPLICATION FOR IMPLEADMENT

WITH

IA No. 131729/2021 - APPLICATION FOR SUBSTITUTION 

WITH

IA No. 43458/2022 - APPROPRIATE ORDERS/DIRECTIONS 

WITH

IA No. 151160/2021 - APPROPRIATE ORDERS/DIRECTIONS

WITH

IA No. 148303/2022 - APPROPRIATE ORDERS/DIRECTIONS

WITH

IA No. 44/2015 - DISCHARGE OF ADVOCATE ON RECORD

WITH

IA No. 40682/2023 - CONDONATION OF DELAY IN FILING COUNTER AFFIDAVIT

WITH

IA No. 134146/2021 - EX-PARTE STAY

WITH

IA No. 45905/2022 - EXEMPTION FROM FILING AFFIDAVIT

WITH

IA No. 40675/2023 - EXEMPTION FROM FILING ANNEXTURES

WITH

IA Nos. 3/2014, 54/2016, 111929/2017, 50/2016, 45902/2022 & 43457/2022 - INTERVENTION APPLICATION

WITH

IA No. 56546/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

AND

SPECIAL LEAVE PETITION (CIVIL) No. 8338 OF 2022

WITH PRAYER FOR INTERIM RELIEF

AND

SPECIAL LEAVE PETITION (CIVIL) No. 32845 OF 2013

WITH PRAYER FOR INTERIM RELIEF

WITH

IA No. 1/2013 - APPLICATION FOR EXEMPTION FROM FILING C/C OF THE IMPUNGNED JUDGMENT

WITH

IA No. 3/2015 - PERMISSION TO FILE ANNEXURES

WITH

IA No. 4/2016 - APPLICATION FOR DIRECTION

AND

SPECIAL LEAVE PETITION (CIVIL) No. 16182, 16183 & 16184 OF 2021

WITH PRAYER FOR INTERIM RELIEF

WITH

I.A. No. 154668/2021  

[Application for directions in SLP (C) No.16182/2021] 

WITH 

I.A. No. 45427/2022 

 [Application for permission to file additional documents in SLP (C) No.16182/2021] 

WITH 

I.A. No. 137039/2022 

[Application for substitution in SLP (C) No.16182/2021] 

WITH

 I.A. No. 148311/2022 

[Application for taking on record authority of new president in SLP (C) No.16182/2021]

WITH

I.A. No.51781/2023  

[Application for ad-interim ex-parte stay in SLP (C) No.16182/2021]

AND

IA No. 141176/2021 - INTERVENTION/IMPLEADMENT

WITH

 IA No. 141181/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

IN

 SLP (C) NO. 16638/202

WITH

I.A No. 141176/2021

(APPLICATION FOR INTERVENTION/IMPLEADMENT)

WITH

I.A No. 141181/2021

(APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

AND

SPECIAL LEAVE PETITION (CIVIL) No. 19344-19345 OF 2021

WITH

 IA No. 153624/2021

(APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

AND

IA No. 143454/2022

(APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

AND

IA No. 217235/2023

(APPLICATION FORCLARIFICATION/DIRECTION)

AND

SPECIAL LEAVE PETITION (CIVIL) No. 8336  OF 2022

WITH

IA No.159777/2021

(APPLICATION FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

AND

IA No.159782/2021

(APPLICATION FOR INTERVENTION/IMPLEADMENT)

AND

SPECIAL LEAVE PETITION (CIVIL) No. 8334 OF 2022

 IA No. 1572/2022

(APPLICATION FOR  EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

IA No. 1573/2022

(APPLICATION FOR  PERMISSION TO FILE LENGTHY LIST OF DATES)

IA No. 1574/2022

(APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

AND

SPECIAL LEAVE PETITION (CIVIL) No. 10688-10689 OF 2022

WITH

INTERLOCUTORY APPLICATION NOS. 89020, 159433 AND 159439 OF 2022

(APPLICATIONS FOR IMPLEADMENT TO IMPLEAD APPLICANTS AS PETITIONERS/RESPONDENTS AND APPLICATION FOR DIRECTIONS )

AND

SPECIAL LEAVE PETITION (C) D. NO. 19130 OF 2022

WITH

INTERLOCUTORY APPLICATION NOS. 168718, 168719, 168720, 168721 AND 168722 OF 2022

(APPLICATION FOR CONDONATION OF DELAY IN RE-FILING SLP, PERMISSION TO SLP, EXEMPTION FROM FILING CERTIFIED COPY OF THE IMPUGNED JUDGMENT, EXEMPTION FROM FILING O.T. AND PERMISSION TO FILE ADDITIONAL DOCUMENTS)

WITH

Process Id: 1270/2023

KALKAJI MANDIR VIKRETA SANGATHAN-II AND OTHERS ETC. Versus ... Petitioners
PIYUSH JOSHI AND OTHERS ETC. ... Respondents

OFFICE REPORT

The matters above-mentioned were listed before the Hon'ble Court, on 05th December, 2022 with office report dated 03-12-2022, when the Court was pleased to pass the following Order:

"In view of the letter for adjournment circulated by the learned counsel for respondent no. 10 in SLP(C) Nos. 32452- 32453/2013 and SLP(C) Nos. 19344-19345/2021, re-list on a non miscellaneous day in the month of March 2023.

Pleadings etc., in the form of reply/counter affidavit/ objections, will be completed within four weeks from today.

Rejoinder affidavit, if any, will be filed within four weeks after service of reply/counter affidavit/objections."

  

 It is submitted that pursuant to the order quoted above no reply to the status report has been filed so far. Service position of each matter is as follows:


SLP(C) NOS. 32452-32453 OF 2013

It is submitted that Ms. Archana P. Dave, Advocate assisting to Amicus Curiae has emailed AMICII report dated 20.11.2022. She has also on 23.11.2022 filed convenience compilation Vol I & II and the same and AMICII report has been placed with SLP paper books. case laws Mrinalini Padhi Vs UOI has been received on 21.11.2022 and the same have already been placed with SLP paper books.

It is further submitted that Mr. Satyendra Kumar, Advocate has on 22.02.2023 filed Vakalatnama as well as Counter Affidavit along with Application from filing annextures (I.A Dy. no. 40675 of 2023) and Application for Condonation of Delay in filing Counter Affidavit (delay of 167 days, I.A. Dy. 40682 of 2023) on behalf of Respondent no.3 and has been placed with SLP paperbooks. Ms. Shalini Chandra, Advocate has filed Vakalatnama on behalf of the Respondent nos. 6 but has not filed Counter Affidavit on its behalf so far.

It is further submitted that Mr Chand Qureshi, Avocate has on 17.08.2023 filed Application for Impleadment (I. A. Dy. 163181 of 2023) on behalf of Mr Gardaiya (Baghel) and the same has found defective (1. Some pages are not legible and misprinted, 2. In Proof of service, wrong SLP no is mentioned, 3. page no against annexures not mentioned) but has not cured the defect depict this ReG.S. Makkergistry's letter dated 14.09.2023. However, same is being circulated here with.

It is lastly submitted that Ms. Christi Jain, Advocate has on 30.10.2023 filed application for impleadment(I. A. D No. 224926/2023) which is defective for the following reasons: 1) It is not mentioned in the application whether applicant is to be impleaded as  petitioner or as respondent 2)Date of annexure A10 is different in index and application  3) Date of annexure A13 is different in index and application.  However copy of the application is being circulated herewith. Mr. M.K. Maroria, Advocate has on 01.11.2023 filed memo of appearance on behalf of Respondent no. 4 to 10 but counter affidavit have not been filed. Mr. Amrish Kumar, Advocate has on 08.11.2023 filed memo of appearance on behalf of Respondent no. 2 but counter affidavit have not been filed.

Service is not complete on Respondent no. 17.


SLP(C) NOS. 8338 OF 2022

It is submitted that Mr. M K Maroria, Advocate, Ms. Shalini Chandra, Advocate and Mr Parveen Swarup have filed vakalatnama/appearance for respondent nos. 3,4,7, 8, Respondent no 5 and Respondent no 6 but have not filed counter affidavit on their behalf so far. As per track report of the Postal Department, notice has been served on Respondent Nos. 1, 2, 9 - 10 but no one has entered appearance on their behalf so far. 

Service of show cause notice is complete.


SLP(C) NOS. 32845 OF 2013

It  is submitted that Mr. Ramesh Kumar Mishra, Advocate has filed Vakalatnama on behalf of the Petitioner after taking NOC from erstwhile Advocate Mr. Rohit Kumar Singh and he has on 13.02.2015 file Application for permission to file Annexures (Regd. as I.A. no. 3/2015) and Application for Direction Regd. as I.A. no. 4/2016) and copies have been placed with SLP paperbooks. Mr. P. Parmeswaran, Advocate is representing Respondent no. 6 (MCD). 

It is lastly submitted that It is a fresh matter.


SLP (C) Nos.16182, 16183 & 16184 of 2021

It is submitted that there 11 common respondents in these SLPs. As per track report of India Post, service of notice is complete on common Respondent Nos. 1 to 6, but no one has entered appearance on their behalf so far and Show Cause Notice issued to Respondent Nos. 7 to 11 have been returned unserved with postal remarks "Insufficient Address". Counsel for the petitioner has not filed Affidavit Dasti service with proof in respect of unserved respondents so far.

It is further submitted that Counsel for the petitioner has on 15.09.2022, e-filed application for substitution of Lrs. of deceased Late Pyare Lal, in SLP (C) No. 16182/2021 who was the erstwhile President of Petitioner No. 1 alongwith Vakalatnama/memo of appearance on behalf of Lrs. The application has been (registered as I.A. No. 137039/2022) and copy of the same has been placed with SLP paper books. 

It is further submitted that Counsel for the Petitioners has on 30.9.2022 filed Application for permission to bring on record the authority of new president in SLP (C) No. 16182/2021 (registered as IA No. 148311/2022) and copy of the same has been placed with SLP paper books. 

It is further submitted that Counsel for the Petitioner has on 14th March, 2023 e-filed application for ad-interim ex-parte stay in SLP (C) No. 16182/2021 (registered as I.A. No.51781/2023) and copy of the same has been placed with SLP paper books. 

Service is not complete on common Respondent Nos.7 to 11.

SLP (C) Nos. 16638 of 2021

It is submitted that Mr. Ramesh Kumar Mishra, Advocate has on 20.3.2023 e-filed  Vakalatnama/appearance on behalf of petitioner after taking NOC from erstwhile advocate and counsel has not filed spare copies so far. Hence show cause notice could not be issued to both the unserved respondent. 

It is lastly submitted that in terms of Hon'ble Court's order dated 24.8.2022 counsel for the petitioner has not filed Additional documents so far. 

Service is not complete in respect of both the respondents. 


SLP(C) NOs. 19344-19345 OF 2021

It is submitted that pursuant to the order quoted above no reply to the status report has been filed so far.

It is submitted that fresh notice was issued to all the unserved respondent no. 1,3,4,5,7,8,9,10 and 11 through registered A.D on 29.08.2022 as well as Dasti. Mr. Satyendra Kumar, Advocate has on  23.09.2022 filed vakalatnama/appearance on behalf of Respondent no. 1,3,4 and 5 but he has not filed counter affidavit. No one has entered appearance for respondent nos. 2,6,12 to 14 though served with notice.

It  is further submitted that as per India Post Unserved notice has been received back with postal remarks unserved/incomplete address of notice in respect of Respondent No. 7,8,9,11 and unserved/not known in respect of Respondent no. 10 . However Ms. Sumita Hazarika, Counsel for petitioner has on 22.09.2022 has filed affidavit with proof of dasti service and application for direction registered as (I.A No. 143454/2022) and copy of the same has already been included in the SLP  paper books. Ms. Sumita Hazarika, Counsel for petitioner has on 20.02.2021 filed the objection to the report to the amicci(earlier wrongly filed in main matter). Copy of the same has been included in the SLP paper books. Ms. Sumita Hazarika, Advocate has on 25.11.2021 filed application for permission to file additional documents registered as (I.A.No. 153624/2021). Copy of the same has already been included in the SLP paper books.

It is lastly submitted that Ms. Sumita Hazarika, Advocate has on  16.10.2023 filed the application for diretion (I.A.D  217235/2023). Copy of the same has been included in the SLP paper books.

Service is complete.

SLP(C) NO. 8334 OF 2022

         It is submitted that Counsel for the Petitioner has not filed the Spare copies, hence show cause notice could not be issued to unserved Respondent Nos. 7,8,9,10 and 11. However, Dasti notice has been sent to Counsel for the petitioner via e-mail on 02.09.2022 but he has not filed Affidavit with proof of dasti Service so far.

Service is not complete in respect of respondent nos. 7 to 11.

SLP(C) NO. 8336 OF 2022

    It is submitted that Counsel for the Petitioner has not filed the Spare copies, hence show cause notice could not be issued to all the 11 Respondents so far.However, Dasti notice has been sent to Counsel for the petitioner via e-mail on 02.09.2022 but she has not filed Affidavit with proof of dasti Service so far. Service is not complete on respondent nos. 1 - 11.

     Service is not complete on respondent nos. 1 - 11.

SPECIAL LEAVE PETITION (C) NOS. 10688-10689 OF 2022

Interlocutory Application No. 87139 of 2022 (Application for Impleadment) was listed before this Hon'ble Court, on 03rd February, 2023, was pleased to pass the following order:

"I.A. No. 87139/2022

Application for impleadment is rejected.

The order dated 09.01.2023 passed in I.A. No. 108591/2022 will equally apply, subject to the modification as directed in this order.

In view of the request made by the learned counsel for the applicants, we grant time to vacate the premises/property by 15.03.2023.  In case the applicants do not vacate the premises/property by 15.03.2023, it will be open to the authorities to take action including taking Police aid and assistance to get the premises/property vacated and forcibly take possession.  It is stated by the learned counsel for the State and authorities that the applicants and their families will be accommodated in the temporary night shelters/rain basera."

It is submitted that pursuant to Order quoted above, Counsel for the applicant has not filed compliance report so far.  No one has entered appearance on behalf of Respondent Nos. 1 to 6 and 12 to 15 so far though served with notice.  Counsel for the Petitioner has not taken fresh steps to effect service on unserved Respondent Nos. 7 to 11 so far vide vide Court's Order dated 24-8-2022 hence show cause notice could not be issued.

Service of show cause notice is not complete on Respondent Nos. 7 to 11.


SPECIAL LEAVE PETITION (C) D. NO. 19130 OF 2022

It is a fresh matter.

The Petitions with applications above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated : April 01, 2024


ASSISTANT REGISTRAR

Copy to :-

1. Mr. Narender Kumar Verma 91/1-b, Patparganj, Mayurvihar Phase-i, Delhi - 110 091 Delhi
2. Mr. Rameshwar Prasad Goyal 4, Lawyers Chamber, Supreme Court , Delh I- 110001 Delhi
3. Mr. Abhijeet Sinha B-5, Ground Floor, Jungpura Extension, New Delhi 110014 Delhi
4. Mr. Ranjan Kumar T-6, Lgf, Green Park Extension, Near Jain Modern Public School, New Delhi - 110016; Phone No. 011-26180184 Delhi
5. Mr. Ritesh Kumar Chowdhary B-89 Basement Gulmohar Park, New Delhi-110049 Delhi
6. Mr. Sonal Jain C-85, Lgf, Defence Colony, New Delhi - 110024
7. Mr. Balraj Dewan
8. Mr. Chirag M. Shroff 92, Lawyers Chambers, Supreme Court Of India, New Delhi-110001
9. Ms. Sushma Suri J-403, Lgf, New Rajinder Nagar New Delhi 110060 Tel. 28744440 New Delhi
10. Mr. B. Krishna Prasad 166, Supreme Enclave, Mayur Vihar Phase - 1, Delhi - 110091, Landline No.: 011-35578278
11. Mr. Chirag M. Shroff 92, Lawyers Chambers, Supreme Court Of India, New Delhi-110001
12. Ms. Sushma Suri J-403, Lgf, New Rajinder Nagar New Delhi 110060 Tel. 28744440 New Delhi
13. Mr. B. Krishna Prasad 166, Supreme Enclave, Mayur Vihar Phase - 1, Delhi - 110091, Landline No.: 011-35578278
14. Mr. P. Parmeswaran
15.. Respondent-in-person
16. Mr. Rakesh Kumar-i 8a, Hansalaya Building, 15, Barakhamba Road, New Delhi - 110001 New Delhi
17. Ms. Binu Tamta 331 M.c Setalvad Block Sci-01 New Delhi
18. Mr. Satyendra Kumar Ch No. - 222, C.k. Daphtari Block, Supreme Court , Tilak Lane, N. Delhi - 110001/ Office: B-34 -a, First Floor, Jangpura Extension, New Delhi - 110014 New Delhi
19. Mr. Arun K. Sinha 136, New Chamber Block, Supreme Court Of Indiab-28, Defence Colony, N.d-1, New Delhi 24
20. Ms. Sumita Hazarika 3 Birbal Road Jungpura Extn. New Delhi Delhi
21. Mr. Debasis Misra Chamber No. 80, Lawyers Chambers, Supreme Court Of India, New Delhi-110001
22. Mr. Rajinder Mathur
23. M/S. Mitter & Mitter Co. Chamber No. 21, Supreme Court Of India New Delhi
24. Mr. Bimal Roy Jad 337 M.c. Setalvad Lawyers Chamber Supreme Court New Delhi Delhi
25. Mr. Abhijit Sengupta
26. Mr. K. S. Rana Ch. 106, M C Setalvad Block, Supreme Court Of India, New Delhi-110001 Delhi
27. Mr. Sonal Jain C-85, Lgf, Defence Colony, New Delhi - 110024
28. Mr. Vikram Singh 473 Lawyers Block, Saket District Court, New Delhi
29. Mr. Sudhir Naagar 307 M.c. Setalvad Block Sci New Delhi New Delhi
30. Mr. P. Soma Sundaram Tower No. 7, Flat-199, Supreme Enclave, Mayur Vihar Phase-i, Delhi-110091 Delhi
31. Mr. Namit Saxena K-13, Lower Ground Floor, Lajpat Nagar Iii, New Delhi-24 New Delhi
32. Mr. Amrish Kumar Ch.no.76, Central Agency Section, Supreme Court Compound, New Delhi-01 New Delhi
33. Ms. Shalini Chandra Chamber No 54,lawyers Chamber G.l. Sanghi Block, Supreme Court, New Delhi - Ph 23386372 Delhi
34. Mr. Shreekant Neelappa Terdal Flat No. 1007, Pavillion Court-15, Jaypee Green Wishtown, Sector-128, Noida - 201304 Noida
35. Mr. Chand Qureshi Block O-2-b/ Basement, Jangpura Extension, New Delhi-14 New Delhi
36.  Mr. M K Maroria, Advocate
37. Ms. Shalini Chandra, Advocate
38. Mr Parveen Swarup, Advocate

ASSISTANT REGISTRAR