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2005 Supreme(SC) 1270
SUPREME COURT OF INDIA
RUMA PAL AND DR. AR. LAKSHMANAN, JJ.
UNION OF INDIA AND OTHERS PETITIONERS
VERSUS
D.B. USTOORIKAR RESPONDENT.
SLP (C) NO. OF 2005 (CC NO. 2696 OF 2005), DECIDED ON SEPTEMBER 30, 2005
ADVOCATES WHO APPEARED IN THIS CASE:
B. DUTTA, ADDITIONAL SOLICITOR GENERAL (RAVI P. MEHROTRA AND MS ANIL KATIYAR, ADVOCATES) FOR THE PETITIONERS;
NITIN S: TAMBWEKAR, B.S. RAI AND K. RAJEEV, ADVOCATES, FOR THE RESPONDENT.
B. DUTTA, ADDITIONAL SOLICITOR GENERAL (RAVI P. MEHROTRA AND MS ANIL KATIYAR, ADVOCATES) FOR THE PETITIONERS;
NITIN S:TAMBWEKAR, B.S. RAI AND K. RAJEEV, ADVOCATES, FOR THE RESPONDENT.
Headnote:
Constitution of India, Article 136 - Orders in similar cases -Consequences of- High Court by the impugned order relied upon the earlier decision of the Court in Union of India v. Jagdish Narayanrao Khisti, WP No. 2535 of 2004 decided on 25-6-2004- By an order dated 18-3-2005 Supreme Court asked the petitioner to place on record the decision in the said case on the record- Petitioners could not tell the Court whether the decision in Jagdish Narayanrao Khisti, Union of India v. Jagdish Narayanrao Khisti, WP No. 2535 of 2004 decided on 25-6-2004 has been impugned before Supreme Court- One week's time granted as a last opportunity to the petitioners for filing the particulars of the special leave petition, if any, and the outcome, if any, by way of an affidavit. [Para 1]
ORDER
THE HIGH COURT BY THE IMPUGNED ORDER HAD MERELY RELIED UPON THE EARLIER DECISION OF THE COURT IN UNION OF INDIA V. JAGDISH NARAYANRAO KHISTIL. BY AN ORDER DATED 18-3-2005 WE HAD ASKED THE PETITIONER TO PLACE ON RECORD THE DECISION IN THE SAID CASE ON THE RECORD. BY A SECOND ORDER DATED 13-7-2005 WE HAD ASKED THE PETITIONERS TO ASCERTAIN WHETHER ANY SPECIAL LEAVE PETITION HAS BEEN PREFERRED BY THE UNION OFINDIA AGAINST THAT ORDER. THE MATTER IS NOW APPEARING IN THE LIST AFTER SEVERAL WEEKS. THE LEARNED COUNSEL APPEARING ON BEHALF OF THE PETITIONERS IS NOT IN A POSITION TO TELL THIS COURT WHETHER THE DECISION IN JAGDISH NARAYANRAO KHISTIL HAS BEEN IMPUGNED BEFORE THIS COURT. ONE WEEKS TIME IS GRANTED AS A LAST OPPORTUNITY TO THE PETITIONERS WITHIN WHICH TIME THE PETITIONERS WILL FILE THE PARTICULARS OF THE SPECIAL LEAVE PETITION, IF ANY, AND THE OUTCOME, IF ANY, BY WAY OF AN AFFIDAVIT. IN DEFAULT, THE SPECIAL LEAVE PETITION WILL STAND DISMISSED.
COURT MASTERS
