Supreme Court - Daily Orders
Jaiveer Singh vs The State Of Uttarakhand on 3 May, 2023
Author: Aravind Kumar
Bench: Aravind Kumar
ITEM NO.1705 COURT NO.10 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(s) for Special Leave to Appeal (C) No(s). 23583-
23584/2022
JAIVEER SINGH & ORS. Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND & ORS. Respondent(s)
(FOR ADMISSION and IA No.185982/2022-EXEMPTION FROM FILING O.T. and
IA No.185981/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA
No.185979/2022-CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS )
WITH
SLP(C) No. 23943/2022 (X)
(IA No. 14615/2023 - INTERVENTION APPLICATION
IA No. 18720/2023 - INTERVENTION/IMPLEADMENT
IA No. 18181/2023 - INTERVENTION/IMPLEADMENT
IA No. 29017/2023 - INTERVENTION/IMPLEADMENT
IA No. 25931/2023 - INTERVENTION/IMPLEADMENT
IA No. 20437/2023 - INTERVENTION/IMPLEADMENT)
Date : 03-05-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARAVIND KUMAR
[IN CHAMBER]
For Petitioner(s) Mr. Abhishek Atrey, AOR
Mr. Krishnam Mishra, Adv.
Ms. Ambika Atrey, Adv.
Dr. Abhishek Atrey, Adv.
Mr. Dhananjay Garg, AOR
For Respondent(s) Mr. Ghanshyam Singh, Adv.
Mr. Sonit Sinhmar, Adv.
Mr. Rajnish Kumar Jha, AOR
Signature Not Verified
Mr. Ashish Kumar Tiwari , AOR
Digitally signed by
NEETA SAPRA
Date: 2023.05.08
18:52:19 IST
Reason: Ms. Manisha T. Karia, AOR
Ms. Nidhi Nagpal, Adv.
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Mr. Mr. Adarsh Kumar, Adv.
Mr. Aditya Kesar, Adv.
Mr. Rohan Trivedi, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Arun Kumar, Adv.
Mr. Rajnish Kumar Jha, AOR
Mr. Suryodaya Prakash Tiwari, Adv.
Ms. Shachi Pandey, Adv.
Mr. Keshari Kumar Tiwari, Adv.
Mr. Devendra Kumar Shukla, AOR
Mr. Bhupendra Pratap Singh, Adv.
Mr. Simanta Kumar, Adv.
Mr. Abhishek Kumar Suman, Adv.
Mr. Jitendra Kumar Tripathi, Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Ibad Mushtaq, Adv.
Ms. Akanksha Rai, Adv.
Mr. Sumeer Sodhi, AOR
Mr. Devashish Tiwari, Adv.
Ms. Lubna Naaz, AOR
Ms. Tehsheena Z. Hussain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(C) No. 23943/2022
I.A. Nos. 18720, 20437, 25931 of 2023 Learned Counsel appearing for the petitioner - State submits he has no objection for these applications being allowed.
Having regard to the fact that applicants were parties to the writ petitions filed before the High Court and writ petitions came to be disposed by High Court common judgment and final order dated 14.09.2022 rendered in Writ Petition No. 350 of 2021, this Court is of the considered view that applicants would be necessary 2 and proper parties to these proceedings, inasmuch as any order passed by this Court would affect the rights of the applicants. Hence, the applications for impleadment is allowed. Applicants are ordered to be impleaded as additional respondents.
The learned counsel for the applicants to furnish the copy of the special leave petition namely, one set to each of the applicants in the respective IAs within two weeks from today and additional Memo of Parties shall be filed within the said period. The respondents who have now been impleaded by the order of given date would be at liberty to file counter affidavit, if they so desire within three weeks from the date of receipt of the copy of the petition.
Two weeks’ time is granted to the respondent No. 4 to file counter affidavit, if any.
I.A. Nos. 18181 and 14615 of 2023 Though the learned counsel appearing for the applicants would contend that applicants were parties before the High Court and they are similarly placed like Mr. Binmaya Mall, the averments made in the application does not reflect this factual position. In other words, it is as vague, vagueness could be. At this juncture, the learned counsel appearing for the applicant seeks time to file additional affidavit.
Hence, permitted to file the additional affidavit. 3 I.A. No. 29017 of 2023 Learned counsel appearing for the applicants seek permission to withdraw the application.
Permission granted.
I.A. No. 29017 of 2023 is dismissed as withdrawn.
(NEETA SAPRA) (MALEKAR NAGARAJ)
COURT MASTER (SH) BRANCH OFFICER
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