Supreme Court - Daily Orders
Vijay Singh Pal vs Union Of India on 11 December, 2017
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
CA 21782/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 21782/2017
(arising out of SLP (C) No. 8950/2014)
VIJAY SINGH PAL Appellant
VERSUS
UNION OF INDIA & ORS. Respondents
O R D E R
Leave granted.
Heard learned counsel for the parties. On a perusal of the impugned judgment, it appears that the High Court has dismissed the writ petition on the ground that the State of Madhya Pradesh, respondent no. 8 before the High Court, has not appeared though served.
Mr. A.K. Shrivastava, learned senior counsel appearing for the State of Madhya Pradesh submits that an opportunity should be granted to the State to contest the matter before the High Court of Uttarakhand at Nainital.
Considering the facts and circumstances in entirety, it is directed that the State of Madhya Pradesh shall enter appearance before the High Court of Uttarakhand at Nainital in Writ Petition (PIL) No. 105/2012 and put Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2017.12.22 forth its stand by way of filing a counter affidavit within 10:04:11 IST Reason: twelve weeks from the date of appearance. Thereafter, the High Court is directed to proceed as per law. CA 21782/2017 2 All the respondents are at liberty to file additional affidavits before the High Court.
Resultantly, the appeal is allowed and the impugned judgment of the High Court is set aside. The matter is remitted back to the High Court for reconsideration in the above terms. There shall be no order as to costs.
We may hasten to add that we have not expressed any opinion on the merits of the case.
..................CJI.
[Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachud] New Delhi;
December 11, 2017.
CA 21782/2017 3 ITEM NO.11 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 8950/2014 (Arising out of impugned final judgment and order dated 19-08-2013 in WP(PIL) No. 105/2012 passed by the High Court Of Uttarakhand At Nainital) VIJAY SINGH PAL Petitioner VERSUS UNION OF INDIA & ORS. Respondents (FOR PERMISSION TO FILE ANNEXURES ON IA 3/2014 FOR EXEMPTION FROM FILING O.T. ON IA 4/2014) Date : 11-12-2017 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner Dr. Ajayveer Pundir, Adv. Ms. Anu Gupta, AOR For Respondents for CBI Mr. Atmaram N.S. Nadkarni, ASG Ms. Rukhmani Bobde, Adv. Mr. Ritesh Kumar, Adv. Mr. Mukesh Kumar Maroria, AOR for R-6 Mr. Dharmendra Kumar Sinha, AOR Mr. Sunil Prakash Sharma, Adv. Ms. Sujata, Adv.
Mr. T.V.S. Raghavendra Sreyas, AOR Mrs. Gayatri Gulati Sreyas, Adv.
For State of M.P. Mr. A.K. Shrivastava, Sr. Adv.
Mr. Arjun Garg, Adv.
Mr. Abhinav Shrivastava, Adv. Mr. Mishra Saurabh, AOR Mr. Gurusharan Sharma, Sr. Adv. Mr. Amit Sharma, Adv.
Mr. Dipesh Sinha, Adv.CA 21782/2017 4
Ms. Ayiala Imiti, Adv.
Mr. Rajiv Nanda, AOR Mr. Parijat Kishore, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar (Signed order is placed on the file)