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Ziyaul Islam And Anr vs The State Of Uttar Pradesh And Anr. on 5 November, 2014

     ITEM NO.31                                REGISTRAR COURT. 2                   SECTION XI

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


                                               BEFORE THE REGISTRAR M K HANJURA

     Petition(s) for Special Leave to Appeal (C)                           No(s).   38259/2012

     ZIYAUL ISLAM AND ANR.                                                       Petitioner(s)

                                                          VERSUS

     STATE OF U.P. AND ORS.                                                      Respondent(s)

     (with appln. (s) for permission to file rejoinder affidavit and
     interim relief and office report)

         WITH
         SLP(C) No. 11898/2013
         (With Interim Relief and Office Report)

     Date : 05/11/2014 This petition was called on for hearing today.


     For Petitioner(s)                         Ms.Bharti Gupta,adv.
                                               Mr. P. N. Gupta,Adv.

     For Respondent(s)
                                               Mr. Mishra Saurabh,Adv.
                                               Mr.Aditya Narayan Singh,adv.
                                               Mr. Samir Ali Khan,Adv.
                                               Mrs Rani Chhabra,Adv.
                                               Mr.Vikas K.Singh,adv.
                                               Mr. T. N. Singh,Adv.
                                               Ms. Garima Prashad,Adv.



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

The office report is that although by order dated 20.08.2014 of this Court, four weeks time as last chance was given to the impleaded respondent Nos.11-20 to file the counter affidavit, yet Signature Not Verified Digitally signed by Sushma Kumari Bajaj they Date: 2014.11.07 16:40:59 IST have not done the needful so far. Therefore, no further Reason: opportunity is warranted to be given to them on that count taking into consideration the rule position.

…......2 ITEM NO.31 -2- The office report proceeds to state that the respondent Nos.2,4 and 7-10 have already filed the counter affidavit and the respondent Nos. 1 & 5 have not filed the counter affidavit within the period stipulated under the rules. Viewed in that context, the matter shall be processed for listing before the Hon'ble Court under the rules.

The office report is that although by order dated 20.08.2014 of this Court, four weeks time as last chance was given to the respondent Nos.2,4,5 & 6 to file the counter affidavit, yet they have not done the needful so far. Therefore, no further opportunity is warranted to be given to them on that count taking into consideration the rule position. Service of notice is complete on the respondent Nos. 1 & 3, but no one has entered appearance on their behalf. Viewed in that context, the matter shall be processed for listing before the Hon'ble Court under the rules.

(M K HANJURA) Registrar SB