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Supreme Court - Daily Orders

The State Of Arunachal Pradesh vs Tai Nikio on 15 March, 2019

Bench: Chief Justice, Deepak Gupta, Sanjiv Khanna

     SLP(C) 7181-82/2019
                                                      1

     ITEM NO.52                               COURT NO.1                    SECTION XIV

                                  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)                       Nos.7181-7182/2019

     (Arising out of impugned final judgment and order dated 14-02-2019
     in IA No. 10/2019 14-02-2019 in WA No. 1/2019 passed by the Gauhati
     High Court at Itanagar)

     THE STATE OF ARUNACHAL PRADESH & ORS.                                 Petitioner(s)

                                                     VERSUS

     SHRI TAI NIKIO                                                        Respondent(s)

     (With appln.(s) for exemption from                       filing    c/c of   the impugned
     judgment      and      permission                         to        file       additional
     documents/facts/Annexures)


     Date : 15-03-2019 These petitions were called on for hearing today.


     CORAM :
                                  HON'BLE THE CHIEF JUSTICE
                                  HON'BLE MR. JUSTICE DEEPAK GUPTA
                                  HON'BLE MR. JUSTICE SANJIV KHANNA


     For Petitioner(s)                 Mr. Tushar Mehta, SG
                                       Mr. Ravi Prakash, Adv.
                                       Mr. Chandra Prakash, AOR

     For Respondent(s)                 Dr.   Rajeev Dhawan, Sr. Adv.
                                       Mr.   Rameshwar Prasad Goyal, Adv.
                                       Ms.   Siddhi Padia, Adv.
                                       Mr.   C.M. Angadi, Adv.
                                       Mr.   Rameshwar Prasad Goyal, AOR


                               UPON hearing the counsel the Court made the following
                                                O R D E R
Signature Not Verified

It is stated by Dr. Rajeev Dhawan, learned senior Digitally signed by counsel appearing for the respondent, who is on caveat, that CHETAN KUMAR Date: 2019.03.15 18:42:04 IST Reason:

the LPA in which the impugned order has been passed, has since been dismissed and the restoration application is due to be heard by the High Court on 25th March, 2019. SLP(C) 7181-82/2019 2 Having heard Shri Tushar Mehta, learned Solicitor General appearing for the State of Arunachal Pradesh and Dr. Rajeev Dhawan, learned senior counsel appearing for the respondent, we are of the view that the following order should govern the parties for the present:-
(I) The order of the learned Single Judge dated 21st January, 2019 in Writ Petition Civil No.552 (AP) of 2018 be given effect to, subject to such orders that may be passed on the restoration application and if restored in the writ application.
(II) We request the Chief Justice of the High Court to ensure that the restoration application and if the LPA to be restored, the LPA itself be heard and disposed of on or before 20th March, 2019, if required by transferring the records to the Principal Seat of the Gauhati High Court from Itanagar Bench. Such orders as may be passed in the LPA, would thereafter govern the parties.

With the aforesaid directions and observation, the special leave petitions are disposed of.

              (Chetan Kumar)                                               (Anand Prakash)
               A.R.-cum-P.S.                                                 Court Master