SECTION IX

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) D.No. 37856 OF 2019

WITH PRAYER FOR INTERIM RELIEF

Process Id: 605/2022

OFFICE REPORT

The matter above mentioned was listed before the Ld. Registrar Court, on 29th January, 2020, when the following order was passed:

" As per postal tracking report, notice issued to all respondents could not be served and returned back undelivered. Hence, learned counsel for the petitioners shall, within a period of two weeks, file fresh particulars of the said respondents and shall take requisite steps for the service of notice upon them. 

List again on 30.03.2020."

It is submitted that pursuant to above quoted order, regarding requisite steps Ms. Asha Gopalan Nair, Advocate for the petitioner has on 30.01.2020 filed spare copy and regarding fresh particular ld. counsel for the petitioner has on 06.02.2020 filed a letter stating therein that address of all the Respondents has been verified from the concerned department and other sources and the address remains the same. Accordingly, fresh show cause notice was issued to all the Eight respondents through Registered A.D. Post. Mr. S.S. Deshmkh, Advocate has on 13.02.2021 and 14.02.2022 filed vakalatnama/memo of appearance and counter affidavit on behalf of Respondent Nos. 3, 6 and 8. Notice has not been delivered to Respondent Nos. 1, 2, 4, 5 and 7 as per Indian Postal remarks  i.e. Item returned addressee left without instructions. 

Service of notice is not complete in respect of Respondent No. 1, 2, 4, 5 and 7.

It is further submitted that Mr. Piyush Dwivedi, Advocate has filed Application for intervention alongwith application for exemption from filing O.T. Both are registered as I.A. Nos. 7066 and 7067/2020 and was listed before the Hon'ble Judge-in-Chamber, on 20th April, 2021, when His Lordship was pleased to pass the following order:

" The Applicants who seek intervention claim to be shop keepers in a building which has been declared as hazardous. Having regard to the averments made, the Application for Intervention is allowed to the extent that the intervening party is permitted to make submissions during the course of hearing before the Court. 

Application for Intervention is allowed to the above-said extent."

It is submitted that pursuant to above quoted order, Cause Title amended and included in the SLP paper books. 

The matter above-mentioned is listed before the Court of Ld. Registrar with this Office Report.

Dated : April 26, 2022

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