Romesh Singh & Ors vs K.Jaycee Singh & Ors

R.S., CJ

Today when the matter was taken up, we find that Mr. B.P.Sahu, learned senior counsel appearing for the applicants has not taken steps on all the respondents including the proposed respondents despite order dated 19.12.2018.

It is required to mention that by our order dated 23.11.2018 passed in M.C.(WA) No.12 of 2018 (Ref: WA No.8 of 2018) and others at para No.10, the writ appeal has been dismissed.

"10. In view of the above and for the reasons stated hereinabove, this court is of the view that the applications for leave to prefer appeals which are devoid of any merit, are dismissed and consequently, the writ appeal stands dismissed."

On appeal by the aggrieved party, the Hon'ble Supreme Court observed in SLP No.32255/2018 on 07.12.2018 as follows:-

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In that view of the matter, the petitioners may approach the High Court by filing an application for impleadment of all the persons who were writ petitioners in the writ petition before the High Court and may also make a request for recall of the impugned order and hear the matter on merits. The petitioner may also move an application for continuation of the stay order which was granted by the High Court.

The Special Leave Petitions are disposed  of in the aforesaid terms.

Pending application (s), if any, shall be disposed of accordingly." In view of the above order, the present Misc. applications, being

MC.(WA) No.82 of 2018, MC.(WA) No.83 of 2018, MC.(WA) No.84 of 2018 and MC.(WA) No.85 of 2018 have been filed for the following reliefs.

In MC.(WA) No.82 of 2018, the prayers are as follows:-

"(i) Order the continuance of the earlier interim order dated 21.06.2018 passed by this Hon'ble Court in MC(WA) No.12 of 2018 (Ref: W.A. No.12 of 2018), till the disposal of the Writ Appeal to be heard afresh.

(ii) Pass any other appropriate order/direction that this Hon'ble Court deems fit and just in the interest of justice."

In MC.(WA) No.83 of 2018, the prayers are as follows:-

i) Implead the writ petitioners in W.P(C) No.861 of 2015, W.P.(C) No.635 of 2016, W.P(C) No.641 of 2016, W.P.(C) No.666 of 2016,W.P(C) No.691 of 2016, W.P.(C) No.717 of 2016, W.P(C) No.804 of 2016, W.P.(C) No.807 of 2016, W.P(C) No.902 of 2016, W.P.(C) No.948 of 2016 and W.P(C) No.950 of 2016 whose particulars in details are given in para No.4 above, as party respondents 8 to 102 in the above referred Writ Appeal, and be pleased to issue notice to the said respondents by substitute service and thereafter be pleased to hear the writ appeal afresh after restoring the same.

ii) Pass any other appropriate interim order/direction that this Hon'ble Court deems fit and just in the interest of justice."

In MC.(WA) No.84 of 2018, the prayers are as follows:-

i) Implead the writ petitioners in W.P(C) No.627 of 2016, W.P.(C) No.635 of 2016, W.P(C) No.641 of 2016, W.P.(C) No.666 of 2016, W.P.(C) No.717 of 2016, W.P(C) No.804 of 2016, W.P.(C) No.807 of 2016, W.P(C) No.902 of 2016, W.P.(C) No.948 of 2016, W.P(C) No.950 of 2016, W.P(C) No.427 of 2017, W.P.(C) No.861 of 2015 whose particulars in details are given in para No.5 above, as party respondents 4 to 99 in the above referred Writ Appeal in accordance with the direction of the Hon'ble Supreme Court and also be pleased to issue notice to the said respondents by substitute service and thereafter be pleased to hear the writ appeal afresh;

ii) Pass any other appropriate interim order/direction that this Hon'ble Court deems fit and just in the interest of justice."

In MC.(WA) No.85 of 2018, the prayers are as follows:-

"(i) Order the continuance of the earlier interim order dated 21.06.2018 passed by this Hon'ble Court in MC(WA) No.20 of 2018 (Ref: W.A. No.12 of 2018), till the disposal of the Writ Appeal to be heard afresh.

(ii) Pass any other appropriate order/direction that this Hon'ble Court deems fit and just in the interest of justice."

In all the four Misc. applications, notice was ordered to all the persons shown as respondents or proposed respondents on 19.12.2018. From the Court records, it is stated by Court Master that till now, the petitioners/applicants have not taken steps on all the respondents (i.e.) the proposed respondents.

Learned senior counsel Mr.B.P.Sahu states that he will not take notice unless the new respondents are impleaded as party respondents before notice is issued.

We are unable to accept his contention because the prayer itself is for issue of notice to all the respondents including those who are shown as respondents in the application.

All the respondents have to be noticed before any order is to be passed on all the applications filed as above. The senior counsel's plea that impleading should be done without notice will cause prejudice to such persons who are dragged to litigation without notice to them.

Furthermore, we noticed that the Hon'ble Supreme Court has not set aside the order of this Court dismissing the writ appeal. The Hon'ble Supreme Court has only directed the petitioner to file an application to recall the impugned order in Writ Appeal so as to re-hear the matter on merits.

In this regard, we find no such application to recall the order dated 23.11.2018 has been filed. We however adjourn the cases to 4th April, 2019 so as to enable the petitioners/ applicants to take steps for issue of notice to unserved respondents in terms of the order passed on 19.12.2018 if they so desire.

List on 04.04.2019."

Thereafter, on 04.4.2019, at the request of Mr.B.P.Sahu, learned senior counsel, the matter was adjourned to 15.5.2019. On 15.5.2019, it was listed and again at the request of Mr.B.P.Sahu, learned senior counsel, the matter was adjourned to enable him to take service on the candidates who have been declared selected. Again, on 12.6.2019, time was granted to Mr.B.P.Sahu, learned senior counsel to take steps on the selected candidate.

Today, when the matter is listed, Registry's note dated 20.8.2019 states that steps have not been taken. However, Mr.Tarunkumar, learned counsel appears for the respondent No.1, Shri Konsam Jaycee Singh and respondent No.4, Md. Umar.

Mr.B.P.Sahu, learned senior counsel seeks some time to take steps to the respondent Nos. 2, 3 and 5. Mr.N.Kumarjit, learned Advocate General appears on behalf of the official respondents.

At request of Mr.B.P.Sahu, post the matter on 25.9.2019 for compliance.