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2017 Supreme(SC) 1780

SUPREME COURT OF INDIA
DEEPAK MISRA, A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
The State of Assam and Anr. - Petitioners
Versus
K. Balu and Anr. - Respondents
M.A. Nos.690-692 of 2017 in C.A. No(s).12164-12166 of 2016
Decided On : 04-12-2017

Important Points

The court's decision was based on the need for specific information to make appropriate orders.

Subject

Civil Law - Notice and Affidavit

Headnote

Notice - State of Assam - Court issued notice on the applications and directed the State of Assam to file an affidavit indicating the hilly areas or districts which can be called 'hill/hilly areas' for appropriate orders to be passed.

Fact of the Case:

The court issued notice on the applications and directed the State of Assam to file an affidavit indicating the hilly areas or districts which can be called 'hill/hilly areas' for appropriate orders to be passed.

Finding of the Court:

The court found it necessary to issue notice and directed the State of Assam to provide specific information for appropriate orders to be passed.

Issues: Notice on applications, identification of hilly areas in Assam

Ratio Decidendi: The court's decision was influenced by the need for specific information from the State of Assam to make appropriate orders.

Final Decision: The court ordered notice on the applications and directed the State of Assam to file an affidavit indicating the hilly areas or districts which can be called 'hill/hilly areas' for appropriate orders to be passed.

Legal Category Hierarchy

  • practice and procedure
    • interlocutory proceedings
      • notice and affidavits (Para 1, 2, 3)

Advocates Appeared:
For the Petitioners: Mr. P.N. Goswami, Adv., Mr. Pawan K. Sharma, Adv., Ms. Pranita Shekhar, Adv., Mr. Dharmendra Kumar Sinha, Adv. [AOR], Mr. Shashi Ranjan, Adv., Mr. A.K. Ganguly, Sr. Adv., Mr. R.B. Phookan, Adv., Ms. Neha Tandon, Adv., Mr. Shailesh Madiyal, Adv., Mr. Sanjay R. Hegde, Sr. Adv., Mr. Ashutosh Dubey, Adv., Mr. Krishendu Sarkar, Adv., Mr. Abhishek Chauhan, Adv., Ms. Rajni Dubey, Adv., Mr. Rajendra, Adv., Mr. V.S. Rawat, Adv., Mr. Uday Gupta, Adv., Mr. Hiren Dasan, Adv., Mr. M.K. Tripathi, Adv., Mr. Chand Qureshi, Adv., Mr. Rahul Arya, Adv., Mr. C.L. Pandey, Sr. Adv., Ms. Ananya Pandey, Adv., Mr. Manish Kaushik, Adv., Mr. Y.P. Dhingra, Adv., Mr. M. Yoyesh Kanna, Adv., Mrs. Sujatha Bagadhi, Adv., Dr. Manish Singhvi, Sr. Adv., Mr. Shailja Nanda Mishra, Adv., Ms. Nandini Sen, Adv.
For the Respondents: Mr. A.K. Panda, Sr. Adv., Mr. S.S. Rawat, Adv., Ms. Binu Tamta, Adv., Mr. G.S. Makker, Adv., Mr. Hemant Arya, Adv.

Table of Contents

1. Applications within civil appeals concerning the identification of hilly areas for the purpose of passing appropriate orders. (Para 2 )

2. The court noted the necessity of an affidavit to identify specific hilly areas or districts to facilitate the issuance of appropriate orders. (Para 2 )

3. Notice issued to applicants, state directed to file an affidavit identifying hilly areas, and matters scheduled for listing. (Para 1 , 2 , 3 )

ORDER :

M.A.Nos.690-692/2017; 1543-1545/2017; 1546-1548/2017 and 1549-1551/2017 in C.A.Nos.12164-12166/2016

1. Issue notice on the applications in which notice has not already been issued, fixing a returnable date within four weeks hence.

2. As far as the State of Assam is concerned, it shall file an affidavit indicating the hilly areas or the districts which can be called 'hill/hilly areas' so that appropriate orders can be passed.

All the matters including unregistered IAs

3. Let the matters be listed in the 3rd week of January 2018.

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