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Supreme Court - Daily Orders

State Of U.P. vs Dinesh Kumar Sharma on 19 August, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

                                                  1

     ITEM NO.20                           COURT NO.10               SECTION XI

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CIVIL) Diary No.26467/2019

     (Arising out of impugned final judgment and order dated 29-10-2018
     in Special Appeal No.(D) 199/2018 and 03-05-2019 in Contempt
     Application (Civil) No.2707/2019 passed by the High Court of
     Judicature at Allahabad)


     STATE OF U.P. & ORS.                                           Petitioner(s)

                                                 VERSUS

     DINESH KUMAR SHARMA                                            Respondent(s)

     (FOR ADMISSION and I.R. and IA No.121338/2019-CONDONATION OF DELAY
     IN FILING and IA No.121340/2019-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.121339/2019-EXEMPTION FROM FILING O.T.)

     Date : 19-08-2019 This petition was called on for hearing today.

     CORAM :              HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                          HON'BLE MR. JUSTICE K.M. JOSEPH


     For Petitioner(s)             Mr. V. Shekhar, Sr. Adv.
                                   Mr. T.N. Singh, Adv.
                                   Mr. Kamlendra Mishra, AOR

     For Respondent(s)             Mr.   Lakshmi Raman Singh, AOR
                                   Mr.   Karan Kaushik, Adv.
                                   Ms.   Udita Singh, Adv.
                                   Mr.   Vivek Singh, Adv.
                                   Mr.   Chandra Prakash, Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Learned Senior counsel for the petitioners contends that the findings in paragraph 33 of the impugned order are not borne out from the records as otherwise it would be difficult for the Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2019.08.22 11:10:14 IST Reason: petitioner(s) to establish any case before us.

He seeks time to file the record(s) in this behalf. The record(s) be filed within three weeks.

2

List the matter after four weeks.

In the meantime the proceedings pending before the High Court of Judicature at Allahabad in Contempt Application (Civil) No.2707 of 2017 are stayed.

We are also of the view that there is an inordinate delay of 178 days in filing this petition and thus necessary action against delinquent official is required. An affidavit be filed within the same period as to what steps have been taken to fix responsibility qua the delinquent official in respect of delay in filing this special leave petition. 

  (POOJA ARORA)                                (ANITA RANI AHUJA)
  COURT MASTER                                   COURT MASTER