| Listed On | 05-03-2021 |
| Court No. | 62 |
| Item No. | 19 |
SECTION XIV
IN THE SUPREME COURT OF INDIA
EXTRA-ORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) Nos. 921, 1011 and 1013 OF 2021
WITH PRAYER FOR INTERIM RELIEF
Process Id: 327/2021
| NORTH DELHI MUNICIPAL CORPORATION | Versus | ... Petitioner |
| ASHOK KUMAR CHAUDHARY AND OTHERS ETC. ETC. | ... Respondents |
OFFICE REPORT
This Hon'ble Court, on 08th January, 2021, was pleased to pass the following order:
" Required court fee be filed within four weeks.
Delay condoned.
Issue notice.
Mr. Amit Pawan, learned counsel appearing on caveat, accepts notice.
In the meantime, there shall be stay of the operation of the impugned judgment and Order passed by the High Court.
Counter affidavit, if any, be filed within six weeks."
It is submitted that pursuant to aforesaid order, counsel for the petitioner has on 19.1.2021 filed Court fee in all the three matters.
SLP(C) 921/2021
Accordingly, show cause notice was issued to Respondent Nos. 2 to 57 by Registered A.D Post on 25.1.2021 and to Respondent No. 1 through Mr. Amit Pawan, Advocate but he has not filed Counter Affidavit so far. As per track report of India Post, notices have been delivered to Respondent Nos. 2-3, 7, 9-10, 12 to 14, 16 to 18, 22-23, 26 to 31, 35 to 37, 39-40, 43 to 45, 47 to 51, and 53 to 57 on 28.1.2021, 30.1.2021, 27.1.2021, 29.1.2021, 2.2.2021, 3.2.2021, 1.2.2021 respectively but not delivered in respect of Respondent No. 5 with remarks "Door Locked". Duly signed A.D. Cards have been received in respect of Respondent Nos. 11, 15, 19, 20, 25, 33, 38 and 42. Unserved covers containing show cause notice have been received back in respect of Respondent Nos. 4, 6, 8, 21, 24, 32, 34, 41, 46 and 52 with postal remarks "left", "No such person", "No such address", addressee left", "Incomplete address, unable to track", "Incomplete address", "Addressee not found", "left without address", "no such person at this address." No one has entered appearance on behalf of Respondent Nos. 2 to 3, 7, 9 to 20, 22, 23, 25 to 31, 33, 35 to 40, 42 to 45, 47 to 51, and 53 to 57 though served.
Respondent Nos.2 to 3, 7, 9 to 20, 22, 23, 25 to 31, 33, 35 to 40, 42 to 45, 47 to 51, and 53 to 57 and counsel for Respondent No. 1 have neither filed Counter-affidavit in terms of Order XXI Rule 14(1) of the Supreme Court Rules, 2013 nor have made request for extension of time for filing Counter-affidavit in terms of Order V Rule 1(22) of Supreme Court Rules, 2013.
Service is not complete in respect of Respondent Nos. 4 to 6, 8, 21, 24, 32, 34, 41, 46 and 52.
SLP(C) 1011/2021
Accordingly, show cause notice was issued to Respondent Nos. 1 to 20 and 22 to 57 by Registered A.D Post on 27.1.2021 and to Respondent No. 21 through Mr. Amit Pawan, Advocate but he has not filed Counter Affidavit so far. As per track report of India Post, notices have been delivered to Respondent Nos. 1 to 3, 5, 6, 9 to 11, 13 to 17, 19-20, 22-23, 25 to 27, 29-30, 32 to 39, 43, 46, 48 to 51, 53 and 55 to 57 on 29.1.2021, 30.1.2021, 1.2.2021, 2.2.2021, 3.2.2021 and 28.1.2021 respectively. Duly signed A.D. Cards have been received in respect of Respondent Nos. 4, 8, 31, 40, 42, 45 and 47. Unserved cover containing show cause notice have been received back in respect of Respondent Nos. 7, 12, 18, 24, 28, 41, 44, 52 and 54 with postal remarks "Address not found", "left without address", "nobody resides on the given address, house sold", "house demolished", "No such address", "addressee left", "cannot locate this address" and "incomplete address". No one has entered appearance on behalf of Respondent Nos. 1 to 6, 8 to 11, 13 to 17, 19, 20, 22, 23, 25 to 27, 29 to 40, 42, 43, 45-51, 53 and 55 to 57 though served.
Respondent Nos.1 to 6, 8 to 11, 13 to 17, 19, 20, 22, 23, 25 to 27, 29 to 40, 42, 43, 45-51, 53, 55 to 57 and counsel for Respondent No. 21 have neither filed Counter-affidavit in terms of Order XXI Rule 14(1) of the Supreme Court Rules, 2013 nor have made request for extension of time for filing Counter-affidavit in terms of Order V Rule 1(22) of Supreme Court Rules, 2013.
Service is not complete in respect of Respondent Nos. 7, 12, 18, 24, 28, 41, 44, 52 and 54.
SLP(C) 1013 of 2021
Accordingly show cause notice was issued to Respondent Nos. 1 to 13 and 15 to 57 through Registered A.D. Post on 1.2.2021 and to Respondent No. 14 through Mr. Amit Pawan, Advocate but he has not filed Counter Affidavit so far. It is submitted that as per track report of India Post, notices have been delivered to Respondent Nos. 1, 2, 5, 7 to 10, 14 to 16, 19, 20, 22, 23, 25 to 27, 29 to 31, 33, 35 to 37, 39, 40, 42 to 45, 47, 50, 51, and 53 to 57 on 2.2.2021, 3.2.2021, 10.2.2021, 5.2.2021, 6.2.2021, 4.2.2021 respectively. Duly signed A.D. Cards have been received in respect of Respondent Nos. 4, 6, 12, 18, 24, 28, 32, 48 and 49. Unserved Cover containing show cause notice have been received in respect of Respondent Nos. 3,11,13,17,21,34,38,41,46 and 52 with postal remarks "Cannot find this person here", "Incomplete address", "Address not found", "house demolished, hence returned", "No such address", "addressee left", "left without address" and "house sold" respectively. No remarks in unserved cover in respect of R38. No one has entered appearance on behalf of Respondent Nos. 1, 2, 4 to 10, 12, 15, 16, 18 to 20, 22 to 33, 35 to 37, 39, 40, 42 to 45, 47 to 51 and 53 to 57 though served. Counsel for the Respondent No. 14 has not filed Counter Affidavit so far.
Respondent Nos 1, 2, 4 to 10, 12, 15, 16, 18 to 20, 22 to 33, 35 to 37, 39, 40, 42 to 45, 47 to 51 and 53 to 57 and counsel for Respondent No. 14 have neither filed Counter-affidavit in terms of Order XXI Rule 14(1) of the Supreme Court Rules, 2013 nor have made request for extension of time for filing Counter-affidavit in terms of Order V Rule 1(22) of Supreme Court Rules, 2013.
It is submitted that Mr. Akshat Srivastava, Advocate has on 2.3.2021 filed 2 separate applications for Impleadment (Registered as I.A. Nos. 32293 and 32296 of 2021) alongwith Vakalatnama to implead applicants as party respondents. Mr. R.P. Goyal, Advocate has on 2.3.2021 and 3.3.2021 filed two separate applications for Impleadment (Registered as I.A. Nos. 31849 and 32957 of 2021) alongwith Vakalatnama to implead applicants as party respondents.
Service is not complete on Respondent Nos. 3, 11, 13, 17, 21, 34, 38, 41, 46 and 52.
It is further submitted that Respondent Nos. 2 to 19 and 21 to 34 in SLP(C) 921/2021 are common Respondent Nos. 22 to 39 and 41 to 54 in SLP(C) 1011/2021. Respondent Nos. 1 to 13, 55 and 56 in SLP(C) 1013/2021 are common Respondent Nos. 42 to 54, 55 and 57 respectively in SLP(C) 1011/2021. Respondent Nos. 1, 21 and 14 in SLP(C) 921, 1011 and 1013 of 2021 respectively are common. Unserved Respondent Nos. 5 and 6 in SLP(C) 921 of 2021 are served Respondent Nos. 25 and 26 in 1011 of 2021.
The Petitions above-mentioned are listed before the Court of Ld. Registrar with this Office Report.
Dated : March 04, 2021
Copy to :-
| 1. Mr. Praveen Swarup 25 Lawyers Chamber Sci New Delhi-01 Delhi | ||
| 2. Mr. Amit Pawan 14 Lawyers Chambers, Supreme Court Of India, New Delhi 110001, Chamber- D 306(basement) Defence Colony Delhi-110024 Delhi |
BRANCH OFFICER