SECTION IV-A

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 30412-30417 OF 2019

WITH

I.A. D. NO. 26440/2022 - APPLICATION FOR SUBSTITUTION FILED BY MR. ANKUR S. KULKARNI, ADV.

AND

I.A. D. NO. 60729/2022 - APPLICATION FOR SUBSTITUTION FILED BY MR. ANKUR S. KULKARNI, ADV.

AND

I.A. D. NO. 73714/2022 - APPLICATION FOR SUBSTITUTION FILED BY MR. M.A. CHINNASAMY, ADV.

AND

SLP(C) No. 18871-18872/2021

WITH

I.A.NOS. 147744 & 147745/2021 & 48297/2022

(Application for permission to file additional documents & exemption from filing Official translation)

AND

SLP(C) No. 8125-8126/2022

WITH

I.A. NO. 65223/2022 - APPLICATION FOR EXEMPTION FROM FILING O.T.

WITH PRAYER FOR INTERIM RELIEF

Process Id: 297/2022

OFFICE REPORT

SLP(C) Nos. 30412-30413/2019

The matters above mentioned were listed before the Hon'ble Court, on 16.12.2019, when the Court was pleased to pass the following order:

"Delay condoned.

Issue notice."

It is submitted that there are nine respondents in SLP (C) Nos. 30412-30413/2019 and five respondents in SLP (C) Nos. 30414-30417/2019 in the instant matter and notice has been issued to all the respondents through registered AD Post. Mr. Jose Abraham, Advocate has filed vakalatnama and counter affidavit on behalf of Respondent Nos. 1-8 in SLP (C) Nos. 30412-30413/2019 and Respondent Nos. 1-2 in SLP (C) Nos. 30414-30417/2019. Copy of counter affidavit included in the paper books. 

It is further submitted that Mr. M.A. Chinnasamy, Advocate has filed vakalatnama/appearance on behalf of Respondent Nos. 3-4 in SLP (C) Nos. 30414-30417/2019 after having NOC from erstwhile advocate Mr. Jose Abraham who has filed counter affdavit on behalf of Respondent Nos. 3-4 in SLP (C) Nos. 30414-30417/2019.  Copy of counter affidavit included in the paper books. 

It is further submitted that Respondent No. 9 in SLP (C) Nos. 30412-30413/2019 and Respondent No. 5 in SLP (C) Nos. 30414-30417/2019 are common and as per India Post tracking report notice served. but no one has entered appearance on his behalf. 

The matters above mentioned were listed before the Registrar Court, on 27th February, 2020, when the following order was passed:

" SLP(C) Nos. 30412-30413/2019 

 Four weeks time is given to respondent Nos.1 to 8 to file counter affidavit. 

 Service of notice is complete qua respondent No. 9 but no one has entered appearance on his behalf. 

 SLP(C) Nos. 30414-30417/2019 

 Four weeks time is given to respondent Nos.1 to 4 to file counter affidavit. 

 Service of notice is complete qua respondent No. 5 but no one has entered appearance on his behalf. 

List again on 20.4.2020."

It is submitted that Mr. Jose Abraham, Advocate for the respondents has on 27.11.2020 filed letter stating therein that Mr. Arogya Reddy, Respondent No. 1 in SLP No. 30414-30417/2019 died on 10.08.2020 and he has also mentioned the proposed Lrs. of the deceased Respondent No. 1.

It is further submitted that Mr. Ankur S. Kulkarni, Advocate has on 21.01.2022 filed (D. No. 26440/2022) application for substitution to bringing on record the Lrs. of deceased Respondent No. 1 in SLP No. 30414-30417/2019 but the same is defective and counsel has also filed a letter dated 27.04.2022 to withdraw the said application. Copies of application and letter circulated herewith.

It is further submitted that Mr. Jose Abraham, Advocate has on 04.04.2022 filed letter along with death certificate stating therein that R.No. 2 (A. Jacintha) in SLP No. 30412-13/2019 and R.No. 1 (Arogya Reddy) and 2 (Sri Chouri Reddy) in SLP No. 30414-30417/2019 are dead but the same is defective:-

1. Names of parties mentioned on copy of Death certificate is not matched with SLP cause title.

2. Anthony Theresa who's death certificate filed is not a party in the matter above mentioned.

3. Counsel for the parties has not filed proper application in respect of R.No. 2 in SLP No. 30412-13/2019 and R.No. 2 in SLP No. 30414-30417/2019.

It is further submitted that Mr. Ankur S. Kulkarni, Advocate has on 21.04.2022 filed (D.No. 60729/2022) fresh application for substitution to bringing on record the Lrs. of deceased Respondent No. 1 i.e. Arogya Reddy, he has mentioned in the application that Respondent No. 2 i.e. Chouri Reddy in SLP (C) Nos. 30414-30417/2019 and deceased Respondent No. 2 i.e. A. Jacintha in SLP (C) Nos. 30412-30413/2019 has no Lrs. Copies of same circulated herewith.

It is further submitted that Mr. M.A. Chinnasamy, Advocate has on 12.05.2022 filed (D.No. 73714/2022) application for substitution to bringing on record the Lrs. of deceased Respondent No. 2 i.e. Chouri Reddy in SLP (C) Nos. 30414-30417/2019 and stating therein that Respondent No. 2 is issueless and as per his registered will there are three Lrs. of the deceased. There is a difference in the names of Lrs and registered will.

SLP (C) NOS. 18871-18872/2021:-

The matters above-mentioned along with main matter i.e. SLP(c)Nos.15151-15166/2021 and connected matters were listed before the Hon'ble Court  on 01.04.2022 when the Court  was pleased to pass the following order:-                                                                           

" SLP(C)No(s). 18871-18872/2021

List these matters along with SLP(C) Nos. 30412-30417 of 2019 before the appropriate Bench."

Pursuant to above order, this instant matter is tagged with SLP(c)Nos. 30412-30417/2019

It is submitted that there are common 3 respondents in this matters. Mr. Shubhranshu Padhi and Ankur s. Kulkarni, Advocates, have entered appearance in respect of respondent Nos. 1 and 2-3 respectively. Mr. Ankur s. Kulkarni, Advocate has also filed counter affidavit in respect of respondent Nos. 2 and 3 and counsel for the petitioner has also filed rejoinder affidavit to counter filed by respondent Nos. 2 and 3. Copies of the same are included in the paper books. Mr. Shubhranshu Padhi, Advocate has not filed counter affidavit, so far.  

Service of notice is complete. 

SLP (C) Nos. 8125-8126/2022

The  matters above mentioned were listed before the Hon'ble Court, on 13.05.2022, when the Court was pleased to pass the following order:

"Learned counsel for the petitioner submits that matters arising from the same notification, the Division Bench of the High Court vide Order dated 27.09.2021 have remitted the matters (Writ appeal Nos. 912/2016 and 952/2016) back for consideration on the question of denotifying from acquisition. Whereas, that relief has been denied in the present case.

Liberty is granted to the petitioner to serve the advance copy of the petition on the standing counsel for the respondents.

List this matter on 19.07.2022 along with SLP(C) No.18871-18872/2021.

If any matter is unready, appropriate office report be circulated for consideration."

It is submitted that counsel for the petitioner has not filed proof of service after serving advance copy of the petition on the standing counsel for the respondents.

It is further submitted that the instant matters are fresh adjourned matter.

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

Dated : July 18, 2022