In administrative law, when a court issues a direction to a government authority, that authority must comply with the order. If an authority issues an order that contradicts or goes against a court order, it may constitute contempt of court. Additionally, administrative orders must be issued after affording the affected party an opportunity of being heard; orders issued without hearing violate the principles of natural justice and can be set aside by the court.
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11.05.2026 | Court No. 2Added:
May it please your lordship my lord. My lord if it is not inconvenient your lordship. There is an item item number 32 and 33 my lord.
an application for modification and variation of the order to that we have filed an objection.
>> Uh but the main case has been fixed on 20th 20 >> so can this matter be fixed on 28th I have taken the consent of Mr. Ratan who is the additional advocate general.
>> Okay. Yes my lord. Mot along with that item uh 34 35 and 36 also I have also requested them these matters may be taken up on the same day >> on the prayer of both the council for the parties let this matter be listed on 28th >> 20 I'm also I'm also filing I may be listed >> okay on 28 >> 20 20 May 28th of May. May okay no there is an interim order which has been passed in item number 3 33 my lord that may continue >> okay in the may the interum order pass >> alia sh will continue till then >> I yes I'm deeply obsessed >> 34 and 35 >> no objection so we'll fix 28 Okay.
>> Okay.
>> May I please?
>> Yes.
>> Lord, I'm appearing through VC.
>> Lordship, I beg to mention item number 8 to 12 of the daily lease. Lordship, >> these are all connected matters. Lord, the petitioner has filed an affidavit, additional affidavit. We need to counter that affidavit. Lordship. So I required 3 weeks time to file my counter affidavit lure. I'm respondent CGST.
>> Miller I have no objection. Only thing is there's an interim order which needs to be extended.
>> Okay.
>> And my lord can it be fixed on 4th of June. Miller >> 4th of June >> lordship.
>> Okay.
>> Mr. Mr. >> Ken Lordship learning council appearing on behalf of >> Mr. Senior council lordship. Okay. Yes.
Okay. Senator Senior Council for the respondent >> CGST law.
>> Okay. CGST you have filed Fid.
>> No file. They will file a reply.
>> Okay. Praise for some time to file reply to the affidavit filed by the petitioner. The prayer is allowed and the prayer not and pray for listing this on >> 4th of June.
>> Which Mr. >> Okay.
Then uh Mr. Chi Lana senior council assisted by so and so has now DJ are allowed least this matter on >> 4th of June list this matter on 4th June.
>> Yes.
>> Okay.
>> And entry or all the cases >> order passed earlier shall continue till then. Okay.
May Lord with your lordship indulgence.
>> Yes.
Yes Lord, can I be permitted to move an unlisted matter?
>> This is a very short matter my lord.
I'll just take 5 minutes time.
>> Okay. This is regarding >> uh regarding my lord contractor's bill which has >> it will be difficult because today is evidence for election matter.
>> The lordship will issue notice only at this stage. I don't have any interim prayer.
>> Okay.
>> Just 5 minutes time.
>> Okay. Oh bless.
I like to mention item number 24. It could be taken up tomorrow today because evidence is also there.
>> Item number >> 24 is in order. What it has been listed?
>> Uh me. Uh this is uh regarding L compensation.
>> L compensation. FD file.
>> FD file. We have also filed our reply.
So then >> so it uh it it it requires an early disposal but can we make an attempt tomorrow?
>> So uh wish for the have you taken consent informed >> I have already informed Mr. Har Nam he he will be there >> and then the private respondent is also there it appears. Uh yes >> private respondent Rya L senior council he's also there it appears >> mentioning item number four 24 >> ship tomorrow is DB day >> tomorrow is DB day it will not be possible day after tomorrow or next Monday >> uh in that case uh 19 20 21 >> 21 21 is what >> as prayed for by Mr. T part in L council for petitioner not being object and not being objected to by the L council appearing on behalf of the respondent let this matter be listed on 21. Okay.
>> My lord, uh I like to mention item 17, 18 and 19.
In item 18, I was supposed to file an affidavit by the chief engineer. Can this matter be taken up on 18th next Monday? We are yet to get the instructions.
>> The petitioner is present.
>> Yes ma'am. Yes.
Mr. and L edition IG made a mention to release lease this matter on >> 18 >> 18 >> five >> 185 file to which Mr. Atlantic council council for the petition has no objection allowed miss according on 18. Okay.
>> In order shall continue till then. Okay.
>> May I please lordship? So I to mention an unlisted matter for withdrawal.
>> Withdrawal.
>> For withdrawal.
>> Okay.
May I please lose him?
I like to mention item number seven. I may be allowed to withdraw this petition.
>> Item number seven.
>> Item number seven.
>> Yes.
>> You are for >> uh petitioner.
>> Petitioner.
>> Yes.
>> Mr. >> N saha.
>> N Saha L council for the petition. He has an instruction to withdraw this red petition. Stop the period not being objected to by the council appearing on behalf of the respondent is allowed.
Accordingly, this petition is dismissed on withdrawal of >> lo again item number 30. Same I want to withdraw this with the liberty to file a press lo.
>> What what is this about? Uh >> this is a matter challenging the LPC cancellation of petitioner LPC >> who for the there there is private respondent also here in this case it appears >> private respond. Have you informed the >> private respondent? M >> no no no no I have nothing >> if you are seeking labor just inform them wait for some time okay >> we'll see okay >> may I m item number 13 today this morning we have file additional aid so I pray on requisition that additional aid may be called h >> item number 13 in item number 13 I have file addition three yes this morning I have filed so on recusion that additional bit may be called valid from the original.
Yes, ma'am.
>> Need to be called.
>> Yes, ma'am.
>> To be taken up together.
>> Yes. Yes, ma'am.
>> Okay.
Lord, I beg to mention item number 27.
The last honorable court has directed to file an affidavit opposition on behalf of the respondent. Accordingly, we had filed by a registive.
So, it will be clarified today itself and I posted for adjournment for two weeks.
>> I am a yes lord. We have filed our FAB and during the course of the day we'll actified and it will be listed after you >> for the uh >> respondent >> respondent.
>> Yes Lord >> in the IA >> IA >> and the petitioner.
>> Yes. Yes. ADO filed by the IIA.
>> No no no this is just okay.
>> Robotasir on behalf of sir >> this is only 20 27th.
>> Yes Lord.
You have informed the RSI.
>> Yes, I will inform because the defective is there lot in this case >> in the defective in IA. Yes. Filed by you.
>> Filed by me. RTS asked me to rectify it accordingly. Today I will rectify it and serve the copy to them. Your >> praying for amendment of the >> Yes sir.
>> I >> the practitioner was supposed to appear through BC but he have not appeared till now. Item number 27.
>> Wait for some time then.
>> No sir. You're seeking for seeking for amendment lordship.
>> Okay. Allowing wait for some time there.
Lord may I pay my item 23 may be taken up at two. My lord uh soul witness is coming.
>> Election petition.
>> Yes my witness is coming. He will >> then in that case both uh both election petition.
>> I need some accommodation. Mila he's coming. He's on the way. That's why.
Whether the other election >> other is on 26 item is >> we'll take up we'll take up both the election petition at two >> then lo >> okay both election petition at two okay >> lo item number 13 I have informed to government council and this private respondent >> item >> item number 30 item number 30 30 >> 30 >> yes >> okay no objection okay then similar Other okay Mr. Mr. >> N sah >> okay has similar order with >> liberty to pip >> okay okay he had liberty okay some is that he has an instruction to withdraw this red petition with how liberty to file a phrase >> it is >> Mr. Mr. >> Mr. Okay. L council for the status >> one more for the government advocate and Mr. So and so council appearing on on behalf of the respondent has no objection. Accordingly the pray is is allowed >> this repetition is dismissed on withdraw with liberty is prayed for. Okay.
>> Okay.
>> The status quo may be the inter pass.
>> Okay. The inter stands. Okay.
I'd like to mention item number six of admission.
Uh the conducting council she had some difficulty to be it may be posted on Thursday.
>> Thursday.
>> Yes.
>> You have you informed the petitioner?
>> Yes ma'am.
>> Okay. Miss Okay. Sangeita learn council appearing some that the conductive council. who ribba >> is has some personal difficulties there to pray for listing this matter on Thursday next uh this or next >> this this >> okay Thursday to which Mr. Islamic council for the petition has no objection. Prayer allowed listed according on Thursday. Write the date.
Huh?
>> Okay. Order is >> the interum order passed earlier. I shall continue till then. Okay.
>> Item number one.
>> Please. My this is a contempor >> what is the last what is the direction?
Let us see just one.
>> Yes. Yes. Motel will find the direction at page number 24. Mot.
>> Yes.
>> Having considered that the petitioner has not encroached in the government land although may not be a ground for refusal to issue no objection certificate for the purpose of consideration of regularization of a service. I'm of the considered view that repusal of the deputy commissioner to issue NOC to the petitioner cannot stand scrutiny of law. Thus it may be appropriate to direct the deputy commissioner of west cominging district to consider issuance of NOC to the petitioner. Accordingly, it is directed that the deputy commissioner of Westcoming District shall considered and issue no objection certificate to the petitioner on the basis of the application submitted by the petitioner as provided by the deputy director of school education west coming district bomb and order that at 29 to 2025 between a period of 1 month from today.
What? Yes. Now there melon mechanic come to page 30 me.
>> Okay.
>> Page 30 meal. The additional deputy commissioner issues a notice. Malo 134 to 26 m.
Despite this direction, then he has directed the petitioner to appear before the deputy commissioner office of the deputy commissioner. My on 16426 >> this is for what?
>> Order.
>> Yes, my lord.
>> What it says? You are here directed to appear before the deputy commissioner west coming district Bombila on 4 16th 2026 at 4 p.m. in connection with WPC number so and so >> my now next page my >> I'm >> so you are asked to produce document >> yes my lord >> okay then >> now next page my lord >> here my lord the deputy commissioner says my lord >> married it madam >> yes >> in compliance with the order of the honorable high court in WPC number so and so that 27 to 2026 the application of for issuance logical certificate in respect of Sati so and so as provided by the deputy director of education Bondilaw later dated that 29 2925 was taken up for consideration on 16th of 2026. The application and the and the DS of Bombila were heard upon consideration of the submission made and the material available on records. The following facts have emerged.
The applicant submitted let's see has earlier encroached upon a partial of government land which has which has since been relinguished and handed over to the government for cons uh for construction of astronomy laboratory and that she is presently not in unauthorized occupation of government land. However, as per the physical verification report submitted by the DLSO, Bombila dated 16 for 2026, the applicant has been found to be in unauthorized occupation of government land at bank bank colony Bombila and has illegally constructed con constructed an SP structure thereon. It is further revealed from the records that the applicant failed to dis disclose the foret encrossment report on honorable high court honorable high court thereby suppressing material facts. On perusal of the records and the verification report, it is established that the applicant applicant continues to be in unauthorized occupation of government land and has carried out illegal construction over the same in view of the foregoing and in accordance with government order that 2972 they understand is of the considered opinion that the applicant is not eligible for grant no certificate.
No my lord >> so the >> there is a direction >> is not on the challenge challenge >> no my there is a direction of this honorable fellow from the >> that is why I'm saying >> yes >> so this but this order is not under challenge >> no no madam >> that is why >> this is a contempt case my lord now when the honorable the high court has already given an direction to the deputy commissioner for issuance of the NCO it is a deliberate atm to disobey the order of this honorable of my how can the deputy commissioner come to this finding me?
>> Yes. Are you appearing?
>> Yes.
>> On instruction I'm appearing. H >> uh basically this order is uh apparently lo it's not in terms of the order path >> but there's some confusion lo to page 18 lo >> ultimately what direction has been given the paragraph 12 >> mhm >> page 18 this part of the judgment accordingly it is directed that the deputy commission of west coming this Sell consider and issue NOC to the petition on the basis of application submitted by the petitioner as provided by the so and so and so the so and so when self consider because application has to be considered. Consideration means it has to be examined and then appropriate order has to be passed either that may be that may goes against the petitioner or in favor of the petitioner when consider consider so it confuses the loss of authority. However, lo in the bindings lo in the pindings that is uh a findings of this court law for the purpose of regularizations of the service lo. This uh this this office memor of the state >> regularization of >> service law I think >> this is regarding service or >> yes my lord my lord I was working as an ay >> in the education department >> so I am at place serial number one my lord for regularization my concity basis my lord therefore my lord I have submitted ancient authority my okay >> but it was not issued Therefore, I came with a read petition praying for is giving a direction to the respondent authorities more particularly the deputy commissioner me for issuance of the NCO me and this honorable court has directed to issue the NOC in in consideration of the order application >> any file in the petition >> no my lord >> uh it I think it was dispos of in motion >> only instruction I think it has been disposed of Lo however lo this particular order that's page 31 law >> it has been modified law >> subsequently >> subsequently lo >> not in on record >> uh it's not on record just I'm placing it >> have you shown it to the petitioner >> yes I just are you still agreed >> let me yeah if lo see the office memorandip on the past page lo >> this is Office memorandum open 29th July 2025 lawsuit.
>> Okay.
>> NOC is supposed to be issued by the deputy commissioner basing on this office memorandum only.
>> Okay.
>> Otherwise N has no provision to grant NOC.
>> Mhm.
>> Lo this is for the law to obtain vigilance clearance law.
Kindly come to number three. Number issued by the dig department which need to be duly pe and attached with the requisitions of vigilance clearance. The form need not be obtained only from vigilance department. It can be typed out which would invariably contain Poland particular clause. Here name of the person and so so and so and so and so and so find at serial number 11 >> NOC public land encroachment is status report from the respective deputy commissioner. This is the NOOCC obl encroachment status report which has to be punished by the deputy commissioner concern law.
>> Sure. And for this purpose lip the the applications of the petitioner was placed before the deputy commissioner that is me loyally come to next pay number four from deputy commissioner concern from deputy commissioner concern uh that is where the employ is currently posted as well as form district of the employee in case home district and posting place are not the same is mandatory for issuance of clearance business clearance in case of applications for the purpose of retirement promotion deputation MS MP etc also this NOC is required for the purpose of granting clearance only and this is for the purpose of retirement promotion deputation MS P and these four are mean for the regular employees only etc is their loyalty but this four four categories for which law enforce required this is in respect of the regular employee only law because retirement the regular employee promotion regular employee deputations regular employee MSP regular employee law now exception is their losses down below loses uh the only exceptions where sorry no I'm coming to the down below >> in the case now >> serial number seven serial number seven >> business clear in respect of contingency is stop the petitioner is presently working as a and she has filed an application uh to the education department for regulations of health service law and he comes under this category law it is advisable that vigilance clearance in respect of contingency stuff is avoided to do away with procedure.
NOC is not required for this uh contingency staff also.
So but then uh C according to you is still occupying the according to deputy commissioner quarter illegally or illegally encroached.
CS app CS applied for NOC law and as per this office memorandum NOC is not required. NOC is not required in respect of the contingency is T law. See >> you s for an NOC on being asked by the department.
>> Yes my >> could have sown this then.
>> No my I was not aware of this.
>> No this is part of petition only.
>> But this office memorandum was N in the readition lawsuit. Considering this very office memorandum this order has been passed by the courtship anyway that a partage law how the meta has been re-examined lawyer after the order dated 16th April 2026 has been passed which is apparently directly loss goes against the order passed by this court I agree with the with my friend lo but this has been re-examined by the authority law >> mhm >> the Third page.
>> Mhm.
>> Upon re-examinations of this office order event number dated so and so. This is the order.
>> Mhm.
>> Issued in reported compliance with the directions of the honorable high court in the location number dated so and so.
And considering the fact and circumstances of the case, it is found that the set order does not ensure ensure proper compliance with the directions of the high court and so therefore requests recall. Accordingly the order that is here by recall withdrawn and cancel with immed. Okay.
But it has been noted that prevailing office memorandum that is so and so dated 297 2025 this office me request either NOC or L inquisut commissioner to enable the vigilance department to grant vigilance clearance in respect of an employee for the purpose of retirement promotion deputation MCP etc which pertains to a regular government employee. On the other hand, the office memorandum further provides that the vigilance clearance is to be avoided in respect of the contingency staff. Furthermore, the format on which the NOC is being sought by the petition is referring to the important government order for the 2025 office memorandum is already come in place of so and so and so. In view of the above, the matter is referred back to the DDC Bombella for necessary examination and correction in view of the office member 2025 and thereafter place it before the undersign for necessary order if required. Else the matter may be disposed of at the department level itself as no NOC public land enco stipulated under provisions of the office memorandum and so in respect of a contingency staff lawyer. This is how law the deputy commissioner has dealt with the uh the representations by the petitioner and in compliance or order of this north.
Now it lies with the DDSC.
>> My lord, my lord, my lord, we kindly appreciate my lord. This order was passed on 8th of May. Today it's 11th mail and the order that is honorable court was passed on 27th to 2026 meot >> and the NCO was supposed to be issued within one month and there is a finding of this honorable court as well my lord if my turns to the order my lord page 18 par 11 my lord this honorable court has finally opined that having considered the uh the petitioner has not encroaching the government land although my lord this is very important my lord although may not be a ground for refusal to issue noc for the purpose of consideration for regulation of a service meal. It was very clear clearly made that 11 me.
Disable court has considered that malot despite this meot they have called me my lordot and they they have rejected my uh >> no is based issued based on what after examining what after considering what >> uh my lord if I'm uh if I >> nocoo uh for what >> normally my lord uh for uh if I go with this order my lord >> no in in Now see what DC need to state that he has she has not encroached.
>> Yes my lord if I'm not >> then in that case it will be difficult for DC.
>> No my lord but there is an order of the court my lord >> rightly or wrongly my lord he has to otherwise let them challenge that order my they did not challenge my lord but there is an order from >> actually subsequently the commission has to comply with this >> and then probably he has found out that because there is encro encrossment but then he has found out the way that nc is not required. My lord, my lord dear my lord >> because ultimately my >> enorment he cannot say that there is no endorsement so he has found out the way >> probably my lord probably my lord but then but then my lord since there is an order my lord >> then deputy commissioner he's bound my lord he has to >> accordingly this has been considered in compliance of the order of this court also court has directed to consider and issue no laws and we have considered and we have found that loo is Even >> they did not say that examine and issue.
No.
>> Okay.
>> So it only say >> so this order while considering his application by the concern department this order itself can be taken as a lossip uh like whether NOC is required or not because without knowing that LOIP as per this OM for contingency is stuff NCO is not required. Without knowing that law, the department has forwarded his applications to us asking for NOC law. Had it been properly examined by the authority this office memorandum, they they would not have loved that applications to me for NOC.
Appreciate >> that's the one aspect of my >> one thing. Now we should also appreciate the fact. The fact is that although rightly or wrongly you have claimed but then rightly wrongly it was allowed to direct my >> okay on the consent of the parties it appears that to issue NOC not to examine also because on consent probably didn't know also there >> so this direction is clear otherwise to issue NOC but then DC it appears that uh considering the fact that your encroach encroacher probably did not find way to issue NOC and then the imper >> but then subsequently probably advised received from the the expert that he has reconsidered and found out the way that NOC is not required >> okay now he has forwarded to it to the DDAC is it not proper at the moment that whether still NOC required in the present circumstances >> it seems >> in your on your part to ask >> no madam in the present circumstances it is the necessary me however meal >> because it because now they have realized >> this deputy commissioner pro probably is in trouble in the sense there is a there is a encroachment but then he is bound to now inc issue that there is no encroachment he is is in a trouble.
So under the circumstances probably uh if >> it is compelled to issue probably they might challenge.
>> Okay. So far not a challenge but for the time being since the latest order says that NOOCC is not required and then forwarded it to the DDSC. me >> I think you need to explore once uh and approach the DDSC that still NOC is required not under the existence of this >> so then if if the uh DDSC say no still then we required NOOC then the uh even if the NOC is not required since there is a direction then DC has to DC has to issue >> my >> some order and in between if he's if he doesn't challenge the impute order I mean the high court's order he does doesn't appeal go for appeal >> my lord >> so since or what you want this to be brought on record >> I don't think it is necessary my lord >> my lord in fact uh I've not stated that in I've just received an instruction my lord in fact there are four members my lord who will be regularized my lord and I I stand at number one.
>> Okay. Now the out of the four three the application for three has been already today I think it will be transferred for forward to the director education my for regularization my lord since I'm not in discip hamper me my lord that is the only issue my lord that is what my instruction is okay so we do liberty pilot Okay, >> that will be better for for a time being and if doesn't consider you have to can come back.
>> Yes, ma'am.
>> Okay.
>> Okay. Mr. Sorry, huh? Council or the petitioner.
No need to make any observation. No.
>> Okay. Once we >> with liberty to file a >> okay contempition with liberty to file a phrase. Okay. The prayer is allowed.
This contemps close with liberty as prayed for.
>> Okay.
>> Item number two.
>> My pleas.
>> Yes.
>> My lord. The petitioners are nursing officers and senior nursing officers. uh they are working as tutors in various uh nursing colleges and schools throughout our natural pradesh uh uh earlier they were uh they have been working in that same capacity for more than 10 years since 2014.
>> Mhm.
>> In fact uh as part of Indian nursing council uh certain uh criteria has to be fulfilled uh for example the number of staff the qualification of the staff all these things. So in order to get uh recognition also the petitioners uh credentials were used that is why the nursing colleges and uh schools are still running till today. Now lordship uh there was no RR. So there was a prayer from the petitioners in 2017 uh and 19 that should be framed and there was a observation from the uh department also that uh the existing tutors should be regularized in that same post because they have had enough experience and and also they have the qualifications. Now the R was finally published in the year 2024. I'm relying on that lordship.
Uh page uh 185 there is a closed lordship in page 185.
This is the error.
>> Yes.
>> Lordship will find a close four.
Rule four.
>> Yes. Lordship will find initial constitution.
Rule four of page 185.
>> Yes ma'am.
>> May I read lordship?
>> Yes ma'am.
>> Rule four initial constitution. Uh uh subclause one. The personal >> initial constitution.
>> Yes. The personnel holding the post specified in column two on >> this is amended one.
>> No, >> no, sorry. New >> uh this is the only error at present.
>> Okay.
>> They have not amended 24.
>> Yes. This is the only error.
>> Okay.
>> Uh the present uh the personnel holding the post specified in column 2 on long-term basis before the commencement of these rules shall be deemed to have been appointed in accordance with the provisions of these rules. the regular continuous service uh personnel holding the post at the commencement of these rules shall count for the purpose of probationary period qualifying service of promotion and pension. So we made a claim basing on this that we have been working for such a long time and we are holding this post uh uh for since 2014.
This was not uh lordship done although there were various uh positive response uh from the department that it will be done this way. Instead uh lordship they have uh simply at page 200 they have simply um put that uh error on hold by by the gate notification. Now my lord it the law is clear on this lordship that once the >> okay this is also by notification.
>> Yes >> this was published on uh September.
>> Yes >> December the this uh subsequent notification uh notification is on December.
>> Yes sir. But we are not on this lordship.
>> Publish an extraordinary judgement put to hold.
>> We are not on this because lordship.
>> This is only to show that they are not uh agreeing to our prayer for uh the bi benefit of rule four of the 2024 rules.
The law is very clear on this. Lordship knows that once a R has been published, there is a presumption as per section uh 24 uh 23 clause 5 of the general clauses act also that it has been duly met and also lordship that uh they can amend the other they can do anything they want but the rights which we have been accured to us that cannot be taken away by a retrospective operation that >> person to this >> yes >> notification whether your uh service has been >> treated as to have been appointed in accordance with the >> that is what they are not doing >> that is >> that is not yet done we are praying for that >> before that they have issued this subsequent notification >> yes they have not done that we have make we have make met several representation that was not done so We had approached this honorable court also. This honorable court has asked them to dispose of our representation. The representation was disposed of rejecting our prayer. That is our case. Our case is that the error once published once because our rights have been accured by that error. Once the rights have been accured a retros they cannot take it away by retrospective uh operation.
I'm relying on lordship uh this judgment of the honorable Supreme Court.
>> Yeah. Yeah. Let us see your prayer.
>> Yes. My prayer is to appoint me in terms of >> Okay. Appoint >> in terms of rule four.
>> But then rule is under hold.
>> Lordship >> rule is under hold.
>> Rule they cannot they cannot put the rule under hold. They can amend it. They can take away. They can do anything.
>> But already notified.
>> Yes.
>> But already notified.
>> Yes. So basically you are challenging the rule notific subsequent notification >> subsequent notification also and also to give effect to rule four. So now when it is on uh put under hold. Yes.
>> How can it be given effect too?
>> Lot >> they can they can uh they they can uh decide to amend the rules that they can do. But to say that we'll we are putting this we are putting this rule on hold just to amend the uh recruitment rule that cannot be done. What they can do is they can amend the rules. They can take away the rules. We can do anything but the rights that we have acured in terms of rule four that cannot be taken away. Even if the rule itself is taken away uh >> September within within less than 3 months they have put the rules on hold by subsequent notification.
>> Yes.
>> So your challenge should have been this notification. Subsequent >> we have challenged this also.
>> Where is your prayer?
>> My prayer is at page 37.
The first prayer. Yes.
>> Although as per law since the rights have been acred they have to uh give us our rights in terms of the first rule.
Even if the rule itself is taken away later on that is the law.
>> So you are challenging the rule taking away the rule.
>> Yes.
>> Challenging a notification by which the respondent has taken away >> two prayers law. One is uh that give us our rights as per rule four. Second is uh quash that uh suspending suspending notification.
>> So unless it is quash it will be difficult then isn't it? No lord see in my humble submission. No because even if the rule is let us for examp let us uh say that uh tomorrow that rule itself is taken away rule uh the rule of 2024 then also the rights we which we have accured under that old rules that has to be given to us that is the law lordship.
Yes.
In this case, if the subsequent notification is uh if interfere with is found to be illegal, obviously they implement at this stage mal the notice may be issued. Mal >> police will notice at the moment >> probably since you are challenging this.
>> Yes. Okay. But then just a minute. Who otherwise? Why it has been opposed? My uh this one four 4 one and two as per >> it appears that is it was reasonable because they have been serving and basing on their service you have uh framed this rule also establishment also >> my as perh department estate my lord >> after this rule was notified recruitment rule as notified >> the there's certain procedure lapses this close four >> mm was inserted mad uh without the actually the entire rule process making >> it was not in the beginning. That's not was not it was not in the beginning in the midway it came into >> yes came into and that without consent and concurrence of the it was admin before the >> yes madam that is decision because notice just at the moment >> that is very interesting lordship because >> the documents will show >> that earlier >> record says >> yes record says in 2021 >> this initial there was a draft rule which was approved by the air department in which there was this initial constitution this close was there >> then in the meantime in the in the middle there was uh I don't know what happened at in in the middle but in 2022 when the rules were sent again there was some objection on the appsu that is that is in the noting itself >> see that >> that is why it appears >> that observation only because some student organizes this >> external pressure this It is mentioned in the noting file not >> in Arunachal Pradesh it's happening >> the council should suggest at least at the priming while priming rules in the service in the service matter no it cannot be entertained >> my lord that is right >> yes okay >> my lord my I have a forum also my prayer >> would be difficult because now it may lo the prayer for interview may be considered on the next date >> rule rule itself is put on hold man this is there's no as per the government understanding there cannot be recruitment >> okay council for the petitioner also had miss standing council for the >> health department >> health department Okay.
By filing this petition, the petitioner has challenged the subsequent.
Yeah. Where is the notification?
>> Two things my lord. I'm praying for uh the benefit of rule 4 and also >> the subsequent notification dated 52 2025 recall I'm crossing the impion notification number 32 volume Roman 32 Arunachal Pradesh gate dated 5 to 25 whereby Right.
>> This was a page >> page 200 >> 200 >> notification that 12th December 2024 published in the manner >> dated 12 2024 whereby the recruitment rule of tutor notified by number HFW-11011 One stroke 9 stroke 2020 dated 19 9 2024 which was published in extraordinary gadget number 38 3 volume Roman 31 comma nalagan dated 310 2024 has been put on hold until further order of par issue notice par since Mr. List standing council for the health department has accepted enter appearance and accepted notice on behalf of >> all madam >> all the respondents >> 1 to five >> uh 1 to five the noticed when the formal notice a formal notice stands wave stop however the petition herself perish requested extra copy to the to Mr. Toong during the course of the days. Okay. Establish this matter after 4 weeks.
>> Four weeks. Okay.
>> Item number three.
>> Uh yes, my lord.
>> Yes, sir.
>> Am I audible?
>> Yes. Yes, sir.
>> Yes, my lord. I'm uh grateful for allowing me to appear virtually today from New Delhi. My lord, I'm not able to come physically today.
>> No problem please.
>> Due to inconvenience.
Yes my lord. regarding this matter.
Actually here in the petitioner is seeking protection of uh fundamental rights uh guaranteed under article 14 of the constitution of India in the matter of violation of statutory recruitment rules in the faculty recruitment held against the advertisement number 02 faculty 2022 dated uh 16th June of 2022 my lord And herein uh wherein many ineligible candidates were unfairly and uh unlawfully recruited. And whereas many eligible candidates including the petitioner were unfairly and uh uh unlawfully denied of appointment by the arbitrarily uh you know unfairly denied of the appointment by the scrutiny committee the so-called the selection committee and the board of governors of the uh national institute of technology Arunachal Pradesh my lord and because of this I am seeking uh protection and then seeking uh to be the recruitment of this advertisement as null and void.
Actually here in sir my my lord uh the petitioner the petitioner was also one of the candidate who attended the interview uh that was held against the advertisement number so and so dated 16th June 2022 of uh national institute of technology arunachal praes in the month of January 2023 at way international hotel Ianagar that is Arunachal Pradesh And the result the result was declared this interview result was declared only after two and a half year that is on 22nd July uh 2025 that is uh uh my lord may I kindly take it to take you to the parah number four that is in page number six parah number four my lord page number six parah number more.
>> Yes.
>> Yes.
And why this has been against by the petitioner is that uh my lord, may I kindly take you to page number 21, para number seven. My lord, page page number 21.
Page number 21, parah 7 and 8.
The recruitment selection committee of the board of governors of NITAB that is National Institute of Technology Arunachal Pradesh has totally violated the rules and regulations.
>> Page number 21.
>> Yes. 20 22. Okay.
>> Page number 21. Par 7.
>> Page 7 is at page 22. that yes that the authorities who can make appointments in the NITS National Institute of Technology is mentioned in section 132D of the National Institute of Technology Act 2007 and where it says that without prejudice to the provisions of subsection one the board of governors of every institute shall institute and appoint persons to academic as well as other post in the institute. This shows that it is clearly established beyond any reasonable doubt that the board of governors is the only competent authority that institutes organized and appoint people to both academic as well as non-academic post of National Institute of Technology Malord.
And the next is para 8 malord. It is in the same page. Page number 21. Par 8.
>> 23. Page 23. Para 8.
>> Yes. And even in the rules of uh 2021, it says that uh para paragraph 2 of the annexure 6 of the faculty recruitment rules 2011.
And let me read it for my lord. It says that the appointing authority of adjang honorary and chair professors shall be the senate. Well that for the emeritus professors and contractual faculty shall be the bog board of governors considering that in the latest case government money needs to be spent on salary hearing. It is also clearly states that the board of governors is the only competent authority that appoints the contractual faculties of the national institute of technology meal and the next parah that is par 9 uh I've mentioned that in paragraph 21 of the next year 4 nure 4 of the faculty recruitment rules 2011 wherein it says that recommendations of the selection committees will be placed before the POG that is board of governors along with details of sanction post reservation categories etc for final approval and subsequent issue of appointment orders by the registar herein it is also says that the POG board of governors is the competent authority that appoints the faculty ies of the National Institute of Technologies and even in par 10 I've mentioned that the paragraph 21 paragraph 21 of procedure for selection of faculty in national institute system of the faculty recruitment rules 2013 2013 this is 2013 and where it says that recommendations of the selection committees will be placed before the POG board of governors along with details of the sanction post reservation categories etc for the final approval and subsequent issue of the appointment orders by the registra herein the P that is the board of governors is also the only competent authority that appoints grievance.
>> Yes, my lord.
>> That is okay. So, what is your grievance?
>> My grievance is uh my lord, can I kindly take you to the grounds that is in page number 48? Grounds. May I kindly take my lord to page number 48.
>> It's I think not properly paginated. 48 is something else. Yes. Page 48 par 25.
Uh no in the grounds grounds my lord >> in page number 50 >> 50 >> maybe they have uh filed with the another copy which they have changed the p page number malord sorry I'm sorry for that >> yes >> therefore being agrieved the petitioner here in most respectfully invoking the extraordinary jurisdiction of this honorable Lord on the following among other are the grounds. Here are the grounds which I have mentioned my lord because here in ground number one the entire recruitment process against the advertisement number 02 faculty 2022 with dated 16th June 2022 is a clear violative of the mandatory statutory provisions of the national institute of technology act 2007 which I've already uh you know read it before my lord and the first statutes of the national institute of technology 2009 as amended in 2017 and the national institute faculty recruitment rules 2011 as well as 2013 whereas rendering the appointment as null and void at adgitio the board of governors of national institute of technology arachnal praes is the sole competent appointing authority under section 132D of the NIT act 2007 and paragraph 21 of annexure 4 of the faculty recruitment rules 2011 and paragraph 21 of the procedure for selection of faculty in NIT National Institute of Technology system 2013 mandates that recommendations of the selection committee must be placed before the board of governors >> for a final approval along with the details of Shangen post and the reservation categories >> and section 23 section 23 of the first statute 2009 requires advertisement of all India bases that is the proper constitution of the selection committee.
>> Okay, that that that was that is the requirement. So what is what wrong? What what is wrong in that?
>> Uh because there are so many ineligible candidate who has been unlawfully recruited and there are so many iligible candidate including the petitioner unlawfully denied the appointment. That is my that is my grievances my lord.
Who are the person who have been illegally recruited?
>> Uh yes my lord let me take it to you.
>> In what manner and in what manner?
>> Yes my lord. Yes my lord. I'll take it to you.
>> And how?
>> Yes. Yes.
>> When the result uh advertisement uh currently show where is the >> advertisement? The advertisement was on 20 uh 16th June 2022. My lord and the result was declared.
>> Page page page where where have you annexed? Yes my lord >> where is $74 anure 2 anure 2 that is the advertisement advertisement of the recruitment that is uh that 16th June 2022 that's anure 2 me >> okay then so examine examination conducted >> examination was on >> when the result was declared >> 22nd July 201 in the advertisement You applied for which post?
>> Madam >> in advert 74.
>> In advertisement page 74 you applied for which post?
>> Assistant professor me.
>> Assistant professor of electrical civil mechanical huh electronics. Uh >> which one? in in the department of electronic and communication engineering melodial number >> serial number >> four serial four >> yes I see my lord >> how many post were there >> yes my lord >> no vacancy See follow again.
You flagged me.
What is the result?
How many posts were there?
>> Yes, may not 38. NXer Turn to the next.
So, where is the result?
>> Yes. Check it out.
>> Yes.
48 hours.
Which one is impure order?
Impute order.
Have you found out?
>> I couldn't found out. Maybe we have misplaced or we couldn't annex it lord because some due to confusing annexures too many annexures around 38 40 annexures we well compilation it seems we have missed out my lord >> so what to do you tell me what to do >> there are so many mistakes my so many incorrect figures >> then you uh see it again we'll take it your worship >> some other time at your convenience.
When do you want?
>> Yes, my lord. In that case, uh can you kindly grant us around two weeks time?
>> Two to three weeks. Two to three weeks time we will come up again with a proper annexures which is required which are required again. So we have mix up >> that means you want to withdraw >> otherwise it will remain the same impot.
>> Yes your law I would like to withdraw them this better withdraw file it again.
>> Yes your law >> yes yes I think that'll be a better if my lord permits >> okay us. Okay, Mr. >> You are Mr. >> Z H Isaac Hiding.
>> Z H Isaac Hiding L Council for the petitioner wants to withdraw uh prayers for allow him to withdraw this petition with liberty to file a press after making necessary correction. We'll allow >> Okay, the prayer is allowed.
This repetition stands dismissed on withdrawal with liberty as prayed for.
Okay.
>> Grateful. Prateful my lord.
>> Item number four and five.
>> Me I seeking for disposal of this matter.
>> Okay.
>> Me the case in nutshell is that the petitioner was appointed as MTS me. Uh I >> whether reply filed >> my reply not >> I saw that reply not yet filed >> not yet filed madam in my respect >> I saw in the office note reply not yet filed not yet I'll forgo that >> you'll forgo >> I will forgo that because then I have >> I could see nothing in there >> in that case my lad I pray for admission let this be completed for >> no it will take half an hour for me I'll finish it >> that is why my lord let the this be And after conducting the elaborate hearing m that's why madam this can be admitted for admitted for hearing.
>> No I oppose to this me if that is the case be so you could have informed me yesterday is admission. No it is in the admission column meot there is no bar under the pro procedures that matter cannot be disposed of at any stage.
>> Okay. Now earlier you pray for allowing you to file a rejoinder but now you don't want say that you don't want to file rejoinder so the affid opposition file stand >> a stand that >> okay >> because I find no merit in their affid >> okay >> the case is very simple meot there is a coordinate bench judgment also I can rely on this that particular judgment Just a minute later.
>> Okay. So what uh let us just see what is the case >> my >> okay if you require time we'll grant but then let us see in short let us see first >> me here >> so you want some some time this can be admitted uh for hearing my some other day we can that elaborate hearing can be done madam not today that's my >> elaborate hearing is required here according to you my >> so it can be admitted >> it can be admitted and admitted for hearing.
>> We'll fix then is an admission problem.
>> Can they see >> a great prejudice has been caused?
>> No notice was issued.
>> No notice was issued. Milo, the termination was done on the basis of a committee. A committee which doesn't fall under the CCSCCA rule to conduct departmental inquiry. What is the requirement under law? There must be a departmental inquiry. Once a person may not whether one once a person may not whether it is the appointment is whether the horse the rules or the irregular once has been conformed then there is a protection under article 3112 that is a requirement of a departmental inquiry. The Supreme Court in a latest judgment also has clearly held that uh departmental inquiry is a must and principle of natural justice has to be followed. Without following this you cannot terminate. It is easy to appoint somebody but very difficult to terminate somebody in law.
>> Okay Mr. Just just so termination I just would like to go there the termination order at page 23 >> correct >> the beginning why what is the reason of termination in the impunity order just let me see once okay so this allegation >> and kindly This committee report has not been made part of the record. The department at all has not brought on the records.
There can be an adverse inference against them for counseling and deliberately hiding this.
>> But you said that there the high court also passed order in summer case connected.
>> Yes. Yes.
>> Because not only you but it appears that so many people >> huh >> 18 persons.
>> 18 persons. So anyone have been re reinstated how >> here that particular judgment which I'm having I read two paragraphs >> okay judgment passed in the connected case >> connected case >> connected in in respect of other >> others >> other person who has been terminated along with you >> yes yes >> termination and court has already uh >> have you annexed >> similarly situated case >> have you annexed >> I just I have not mentioned we have mentioned in him the repetition >> okay >> in our pleadings Since we have mentioned that judgment 683 there is a judgment by the coordinate bench also this is >> let us be on Thursday this be taken up on Thursday If if the earlier mal the round of investigation of the the authority that has been this matter has been remanded back the similar situated case >> reminded where >> to the government to reconsider if this the case m it is like this the operating portion of one of the order which I'm relying is >> accordingly the instant read petition is allowed by directing the petitioners to be reinstated in the respective post from which they were discontinued from service such reinstatement had be done for with and in any case within a period of 3 weeks from the date of receipt of a certified copy of this order that is what the coordinate bench is held that is all together different I can say that is all together different aspect mal it's not relevant to this it's all together different footing >> in that case is different >> different footing different okay then we'll the entire day okay we'll admit then in that case it will be listed for hearing the date No m >> let it be in the admission column.
>> Admission column.
>> Let Mr. Tagum come and argue.
>> Okay. So when >> I I'll June any day after June 6.
>> Okay.
>> I for item number five.
>> Okay.
>> Mr. Tara Lan Council assisted by Mr. Okay.
L council for the petitioner also Mr. to learn council appearing L standing council for the education department.
Okay. Okay.
So it will be in the admission column only. Okay. On the request of both the learning council for the parties list this matter again >> on 9th June. 9th June.
>> 9th June.
>> Yes.
>> Nine is a hearing.
>> Yes ma'am.
>> This will be in the admission column.
>> Admission column.
>> Then in that case it will be 8 or 10.
>> 8.
>> Okay. Eight. Okay.
>> Madam actually I request my brother >> please >> inform me as a matter of cy if you are not ready with the matter.
>> No no no in in office no till that no rejoinder I have also seen this.
>> No my whatever it may be because >> so we thought that you will be filing rejoin that >> just I requesting my brother >> at least do not do this with us. I I understand but if if if the earlier proceeding if they said that they will not filing rejoin >> we don't mind for that we don't mind for that >> no >> deeply oblig >> and in in item >> item number five >> four you are for >> uh for the petitioner >> okay in the in his name also Mr. for the petitioner.
Item five is also similar.
>> Okay.
>> Item number 13.
>> Yes.
>> Additional was additional additional bit was to come.
The petitioner here.
Well, by way of the our additional we have brought on record my two things, two documents. won the final award and second the Kawang decision. Now Kavang decision does not mention the area that has been reflected in the executive order.
>> Have you received the complaint also?
Complaint >> complaint >> in the complaint it must be clear.
>> Complaint is something decision is something else.
>> Decision is something >> yes decision.
>> What about the complaint?
complain my lord.
>> Yes. Your your matter.
Okay. Take a breath. Take a breath.
>> Relax. Huh? Where is your affid not come? Not yet come.
>> Yeah. Not yet come from the judicial. I have sent.
>> Okay. What we'll do? His affidavit has not yet come. We'll take up some other matter and then in the in the meantime agent when it reach here we'll take off.
Okay.
>> Okay.
>> Relax for some time.
>> Okay.
>> Okay. After some time. Huh?
>> Okay. Item number 14.
>> Yeah. Additional Filed not yet filed. It appears >> additional meal. We have filed today. We are filing today.
>> Filing today.
>> Yes mad.
>> Okay.
>> Uh copy. Have you served copy?
>> In fact my junior is filing but he has not brought that copy. Well, uh beside this additional affinity after filing of the IIA, we also realized that uh uh in our reputation, >> we have challenged the result and the physical taste. But then that was that arose out of the notice but then we have missed to that uh impute that first notice for the advertisement. We have no challenge that in our we have not pray in our prayer.
So we want to add in the prayer meal. So I would like to you also may be allowed to file IA2 amendment only only one sentence it will not change the structure of the petition.
>> Okay. So the first notice was not not challenged >> that was not in fact abominition but then we missed in the prayer portion >> this to file an IO permission is not required from this court they intentionally they dealing the law selection process >> no basically we are not order okay >> selection process is already completed only result has to be since order is here lo in this case So there >> we are not delay. We are not delayed by that.
>> There's no law provision to ask for permission to file an IIA. IA could have been filed >> then we will file it tomorrow. Mot no issue my we will file it tomorrow. If there is a stay then I think uh >> we will say we will file it tomorrow and you also may allow the only just only two days to file the uh amended prayer portion only me and then that matter can be heard uh in in this week me we have no objection we are ready to dispose of matter me but the only thing is that m yes more land council for the petitioner Mr. a small line council for the petitioner who submitted that the he is filing the additional FD itself and therefore press okay will be fil that at the time of filing this petition inadvertently the notice the first notice could not be annexed and challenged and therefore we pray for >> notice is there only the prayer person we have missed to mention the date of the that notice >> missed the in the prayer portion to challenge the said notice and therefore praise for allowing him to file uh appropriate interlocatory application in this regard prayer lord >> yes m >> is prayed for list this matter Monday >> lordship on 13 lordship >> 13 >> they are seeking for one day lordship >> 13 means >> 13 this uh this week lordship >> 13 >> 14 is just then day one >> 14 okay 14 is third >> yes day no 14 is d 15 or 18 okay 15 oblig Item number 15 >> is your lordship. I'm appearing for the petitioner in this matter. My lords.
>> Yes sir.
>> Uh your lordships. The respondent on the last occasion had been directed to file uh details about steps they have taken to ensure the ingress and egress. Your lordships.
My lords may kindly have 30th April order.
Have you amended the course title?
Course title probably not yet amended after >> my lord. I'll do it my lord. During the course of the day my lord.
>> Okay.
>> Just only we have to write the name of the private respondent. My lord although they are represented.
>> Okay.
>> They impleed themselves. My lord I'll do it during the course of the day.
But we have received the instructions. I have provided the instructions. What extents have been?
>> Okay, this is instruction.
>> Yes, ma'am. By the SP in pursuent to the in order by this honorable court >> need to be filed in the form of or >> only instructions were directed to be okay.
>> Have you filed your FD otherwise?
>> Yes, earlier we have our >> apart from the FD file.
>> No instruction. This is the latest instructions as per the last order.
>> FDI already filed.
>> Fred was filed. We have filed it in the form of a status report.
>> Okay.
He has also not yet that you file it in the form of additional >> additional affiliate we can file this.
>> Yes, that way it'll do otherwise lose paper it very difficult.
>> Yes. Otherwise uh only our bring it on record our the direction was only that what actions have been taken.
>> Okay.
>> So we are apprising that these are the >> now still they they agreved >> my must have been communicated to the council petitioner >> they also know the uh still then in that case you'll have to bring it on record.
Yes ma'am.
>> Okay. Okay Mr. Uh h >> jam council for the petitioner >> along with my lord okay rotary madam is there in the vcard miss jini roti rotri counc council for the petitioner senior >> not senior >> okay okay uh >> we just associate man >> okay who prays for allowing her who prays for allowing her to uh daytime to amend to amend the course title Stop Mr. And additional ag for the state respondent number >> one to four >> other one to others are also there >> for respondent number five >> five or five is also there to four some is that he had received an instruction and wants to wish to to bring it on record by filing additional affidavit The prayer is allowed. Additional affid will be filed within 3 days.
>> Within a week, madam.
>> Within within a week. Okay. Stop. Mr. Iran on behalf of PP.
>> Okay. Is also present on behalf of >> the respondent. On behalf of >> PP MP then council for the respondent number five star requested list this matter. Then in that case when do we list it then? They have obtained this instruction and wanted bring wanted to bring it on record by filing additional FD. We'll fix the date. You give the date convenient date >> when madam if you have any >> convenient may fix any date as per the convenience of the court madam.
>> Okay. Then June first week >> first week of June >> or may any day. Okay. May your lordships after 25th any date your lordship may kindly consider >> after 25th May >> after 25th lordships 27th May if my lords may kindly consider >> let 27th May is holiday >> 8th June >> okay 8th June 8th June >> 8th June your lordships continue the interim order passed earlier shall continue till then okay item number Please.
>> Yes.
Dr. Huring this case the petitioner has challenged MP order dated 93 to 2026 regarding the prohibition order issued by the respondent number three that is the deputy commissioner capital complex prohibiting the conduct of weekly market of the >> this >> yes >> okay >> analogous matter >> but the text is little is little different >> yes >> here is The petitioner was allowed to uh run market on Sunday and Tuesday law.
>> Okay. Then Tuesday. Okay. Then that will be okay.
>> And but the notice was notice.
>> Notice the same order. Yes.
>> Okay. Similar than in that case.
This was also item number 202 all the similar method.
>> Okay. Here here just a minute. Huh? Mr. Tava I just like to may pass one by one.
Okay.
up to here council for the petitioner also had Mr. step in Lanica Lina government advocate appearing on behalf of all the respondent state respondent staff may may I please lordship lordship I'm I'm a referending for the petitionary item number 22 and similar also be taken up By filing this red petition under article 226 of the constitution of India, the petitioner has challenged the order dated 93.
>> Yes. 26 comma issued by the respondent number three deputy commissioner capital Arunachal Pradesh whereby where is the impion >> page number 28 >> impion also different little bit >> page number 28 >> 28 >> 28 Saturday. Okay. whereby it has been directed that weekly market in the Itanagar capital marketag capital region shall be operated only on Saturday.
In terms of the government decision dated 6 3 2026 stop.
>> Where is your license?
a weekly uh license to run >> page 13.
>> Yes, lots of >> this is trading license.
>> Yes, lots of >> you have permission to run the weekly market.
>> This is in the trading license itself.
Lots it is clearly written that I I can conduct weekly market twice in a day that is on Sunday and >> wait Sunday and Tuesday.
>> Okay. Weekly market Sunday and >> Tuesday.
>> Tuesday. Yes. Okay.
>> The grievance of the petitioner is that earlier by order dated by issuing trading license dated when 1425.
>> Yes. He was granted permission to operate a weekly market where >> Jurro Jurro Gopur >> Gopuranagar >> town Itanagar on >> which day?
>> Sunday and >> Tuesday Sunday and Tuesday.
>> Yes Lord.
Huh?
So you have also paid some amount.
>> No lottery.
>> Okay.
While running the said weekly market uninterruptedly the by issuing the impute order dated >> 9 3 2026.
The respondent number three directed to conduct the weekly market a weekly market in theagar capital region.
Sorry, issuing the say uh 9 uh impin order dating 96 issued by the respondent number three.
The conduct of the weekly market in the Itanagar capital region has been restricted to Saturday only stop.
The aforce afore impion order has been assailed on the ground that it has been issued without affording any opportunity of hearing to the petitioner staff per Mr. Tapin L senior government advocate fairly submits that no opportunity of hearing was afforded to the petitioner prior to issuance of the impion order dated 933 2026. stuff.
In in Tava's submission one more huh one more sentence the council for the petitioner summit that by issuing the say the the include order the petitioner has been adversely affect adversely affected by the impunity order. The petitioner has been adversely affected as the same was issued without being heard. Huh. And and they violated the principle of natural justice. Okay.
Then after that taping then come last having considered the submission of learned council for the parties and in view of the admitted position that the impion order dated 93 2026 has been issued by the respondent number three deputy common deputy commissioner of hearing on the hearing to the petitioner kama. This court is of the view that the same cannot be sustained being in violation of the principle of nature of justice staff.
Accordingly the MPN order date is 93 2026 issued by the respondent number three deputy commissioner capital itanaga in so far as it affect the petitioner is set aside stop kama the deputy commissioner kama capital complex capital kamaagar is at liberty to pass a Express order in accordance with law after affording due opportunity of being of hearing to the petitioner and considering all relevant aspect. Stop.
It is made clear parah it is made clear that till such fresh decision is taken the petitioner shall be permitted to continue operating the weekly market in terms of the earlier audit date 1425 subject to compliance of applicable SOPs star with The red stance with this red stance disposal.
Okay.
>> Lordship can be passed in item number 20 >> 22 >> 21 and 22 >> 22 similar effect >> fact will be different. So uh where is the >> in item 20 my lord? Uh >> 20 is yours.
>> No, 20 disposal. Huh?
>> I'm preparing for the >> in 20 >> 20 and 21.
>> Now 16 has been disposed.
>> Okay. 16. Now 20 advocate will be okay. Huh? And then >> also do huh?
>> Then of the in it >> 21 also. Just a minute. Then the impion dated is all the same and the license would be different. My marketplace is Tuesday market.
>> Okay. Change the market change the date of uh page 16 that issuing authority would be APMC.
>> Okay. Then in the >> para 16 >> to license huh >> earlier is license this was issued on >> this was >> Mr. 2017 onwards matter.
>> No 17 date of issuance of this license.
>> 48 2017.
>> 48. Huh? 48 2017 to run market at where name of the place?
>> Name of the market is uh near >> Tuesday bajar Tuesday bajar near Julie.
>> Okay. Tuesday bajar.
Address of the market. Okay.
>> Address of the market near Julie near the bridge. We don't break it. Right side >> right side >> to run market on every Tuesday. Huh?
>> Every Tuesday >> yours is only one day >> one day only.
>> Okay. Then in that case >> then one paragraph we will add. Okay. In the last in Mr. Tapin submission one paragraph add here.
However, Mr. uh Mr. The Tapin National Council contended that no producers has been caused to the petitioner in as much as he can operate the weekly market on Saturday instead of Tuesday.
Stop. Then in Tawa sorry in uh one more paragraph submission huh Mr. So learn council for the petitioner comma. However sum is that no such option was has been provided to the petitioner in the impune order dated 93 2026 comma issued by the respondent number three.
Deputy Commissioner Itanaga staff rather the superintendent of Superintendent of Police and the administrative officer have been directed to ensure the operation of weekly market only on Saturday stop. Thus the petitioner has been adversely affected by the issuance of the impute order without being heard thereby violated the principle of natural justice. Then rest will be same.
Huh?
Rest same then that is item number 20.
So then in 21 >> item 21 >> the market name license is at page 15 >> at page 15 >> 15 Sunday market near >> just a minute sir the license name would be >> license dated uh >> 31 10 20 >> 31 license issued on 31 10 2013 >> issued by the agriculture produce marketing committee.
>> Okay. Okay. But uh they to off to operate when then this was issued by the member secretary agriculture produce >> marketing committee capital region >> in both item 20 and 21.
>> 20 and 21. Yes. Would be same then. Yes.
>> Okay. Then uh the market name is >> Sunday market near >> Sunday market. Okay.
Sunday market near Heliped Nahalagan.
On which day you said Sunday to uh Okay.
Okay. Sunday to run market on Sunday.
So it will be similar to similar huh okay similar to the 20 and 20 huh 21 is and then this 22 is >> yes lordship and in this lordship This order was passed by the UPI.
>> UP yes commission >> otherwise same >> okay the content is same >> content >> okay then here hard Mr. Enkuma >> petitioner will be enkumar all the same and then your license is at u lordship in page number 12 and 13 lordship connection number one page number 13.
>> Okay. So uh license date is 77 2022.
>> Yes.
>> Market name is weekly market >> uh tabas witness day market. Yes.
Witness market.
Yes.
>> Yes.
>> Market on witness day.
>> Yes. Only witness day.
>> Only witness day. Okay.
Then this one issued by the commissioner papar. Huh?
>> Yes lord.
>> Okay. And rest will be same as item 20 and 21 contention. Okay.
Okay. disposed last week.
>> Mhm.
>> has categorically mentioned that law in so far as it is set aside maintain.
>> Yes. No >> in all >> that will be maintained >> because all are different that is why >> item number 13 Yes.
>> Oh, yes. You should have received their affidavit.
This final award notification uh is of 29 m on 25 ship. After that only the deputy commissioner has filed their counterhip.
>> Okay. Yes.
>> So this final award.
>> Yes. This is a final award. After that only they have filed a counter.
>> Yes. In the final award.
>> Yes. Your ship.
>> So in respect of the petitioner and the respondent was is not covered according to you.
>> Uh it's covered your lordship. uh kindly come to the page number 68 your lordship of their uh affidavit so it's come under your lordship this award has been passed that's why the the deputy commissioner is there to dispersement of the compensation amount your lordship as per the section as per the page number 68 of their award joint joint measurement the joint measurement may I read your lot >> yes >> the joint measurement of land was carried out by land staff headed by ADC Monigong and all other board members on 22nd January 2024 to 30 January 2024 and final verications before dispersement of compensation was done with effect from 10th April 2025 to 10 May 2025 in presence of all the affected land owners and elders ownership name of the persons whose land underquisitions was reflected from the physical ground survey by the survey team during assessment and the same are shown in award statement. ment.
No other person except shown in the award statement has uh claimed ownership to claim compensations with regards to the land under acquisitions and compensation thereof. Dispute uh plot if any had been reflected in the remarks column in the award statement. Location description of total area of land. The land under acquisition is residential, commercial, zoom and horiculture lands.
treated eight village tapia papuyang hir ko jorang seed taking lang klay jerang and monigang under the circle of t p and monang district c yomi so and so so your lordship we are here >> which one >> yes we are here only for the non-implementations of the order >> your land cover which one >> that's kal your lordship >> klay is there kal All this comes under the land of yarn to secure.
>> What comes under law to sec in your lo they have >> okay >> yes yes they have annexed one kebang committee decision also >> it seems like they have done some forgeries because today morning only I have received the same copy >> from the party your lordship >> okay >> I would like to provide this I mean >> they have also annexed in uh 70 page number 70 annexure three there's no date in their kebab committee decision even the signature is like it's the there's no seal in the signature of the gambbras so yo As per my kebab decision.
>> Okay. So this is kebab decision date >> 26 4th and 21. After this kebang decision only the execution petition has been filed before the executive magistrate and the execution order is there in page number 18 of our main petition.
>> Furnish one copy of this kebab committee decision. I >> I have already furnished.
>> Okay.
>> Yes.
Then uh your loy may see their may kindly see their uh the annexure three the kebabang decision which they have annexed.
>> Just let us let us see yours first.
>> Yes. In the date.
>> Yes. In pair number two, your lordship of myang decision.
May I read your loy?
>> Yes.
>> Detailed documents are attested here with this decision submitted by Hemi clan claiming that this disputed lane area from Kam Yellow to Bos Seong belongs to both the brothers that is Hi and Hu clan for your further verifications in their in their so where is the lane? Where do we find in this >> yellow to both? It's clearly written and it comes under the >> what is the decision? What is the decision?
>> Decision it's in Yellowship. I would like to read from the documents provided by Hedu Clan. Oh, if from the second par only >> documents submitted by Hlan from there to till end. May I >> which one?
>> From the second par from there to till end. If if may I >> yours?
>> Yes. In mine.
>> Okay.
>> Details documents are attested here with this decision submitted by Hemi Clan claiming that the disputed land area from Bamo to both Seong belongs to both brothers that is Hami and Hedu Clan for your future verification. Document submitted by Hemlan. Chronicle Jonaly of Hemi Hedu Clan. Photograph of seven secured foundation stone of hemihu clan 8 klay. Kbang decision on sir so and so.
Kbang decision point number two witnessed by so and so. Submission of statement on behalf of hemi clan regarding the equal rights and ownership over klay village area under monong circle. Local trial settlement case under so and so trial by following medi mediators. Sixth, deed of agreements on Carlay land compensation between Hei Society and PMGY Ro subintender so and so letter of acceptance submitted by Sri Ranjan Tapir so and so and Sri so and so dated 12th 2015 8 by O social wers associations documents provide clanship one counter claim and statement of the uh Hindu clan they have submit one counter claim and statement of the Hindu clan After studying the entire documents mentioned above, we have provided 3 week time to the Hedu clan to narify the statements and documents submitted by Hemi clan. An application requesting for a few more days was received from Hedu Clan which is also attested here with since we have not received any not nearly five documents from Huan.
Huhan submitted a representation letter to EAC Monigam which is also attested here with so under the light of the facts documents and finding. So we came to conclusion that this dispute land from Bumam Yellow to Bos Seong belongs to both the brothers yellow.
>> So then in there is there any difference between the kebab decision in your and kebab committee decision submitted by the respondent?
>> Yes. Yep. They >> what the difference?
>> Yes. The difference is may kindly to come to the page number 70 of their >> Yes.
>> Yes. And pair number two. Yes.
>> So here details documents are attested with this decision submitted by Hemi clan claiming that land belongs to both brothers that is heu for your future verification. They have removed the name yellow to secong your lordship.
It's like from >> the detailed documents. Okay. It's all the same otherwise.
>> Yes. And >> yes, >> disputed land area after that >> your >> land they have removed that disputed also your lordship. There's no disputed also.
They have just written that decision submitted by Hemi clan claiming that land belongs to both brothers. The sentence is also incomplete because they have removed that disputed lane area from Bum Yo to both Seong belongs to they have removed it and they have just said that to both brothers that Hu and Huan Rashu Yellowship. Not only this in the last PA also yet they have removed your ship.
>> Okay.
>> Yes. And in fact last PA your ship may kindly come to the second page. In the last page.
In the last page also your ship after in the last page. So under so under the sentence is also different.
Your lordship >> that is same 26 421.
>> And in fact the the stam is also different. The gamra stam is not there.
>> No. Yes.
>> Some difficulties.
Yes my lord. Let them come with the card in the form of a card.
>> Yellow ship. I would like >> on a loose suit on a loose like to submit your ship. After this only the execution petition has been filed before the EC we are here. We are not here for all these thing. We are here only for violation of article 14 done by the deputy commissioner.
>> I think the it's same lane.
>> Yes. Yep.
>> Well, let them file a >> no ship. Now there's no scholarship there's no loose swing is differentship if there's any problem they could have done it before in 2023 when the order has been passed the education the ke decision they never challenge and education petition also they never challenge your now they are trying to >> give the color of different >> yes >> yes >> so this according to you is incomplete >> this is a Unfortunately, >> so this will remain since they have filed in >> Yes. Yes.
>> You also bring it on in order on Thursday.
>> Yes.
>> Order on Thursday.
>> Thursday you bring it on record.
>> Okay. Okay.
>> Yes ma'am.
>> No more hearing lo.
>> You are tired then.
>> Yes. Same same thing happening.
>> Okay. So um hard miss jung council for the petitioner also he had miss Mr. >> P sorry for the state respondent and Mr. P for this respondent number >> three >> for one and three >> for one for uh three how summit Okay, Miss Parah, Miss Junglu, you submit that she had just received a copy of the additional FD. This is additional FD.
>> Yes, ma'am.
>> Filed by the respondent number three.
And according to her the document annexed as an access tree to the additional affidavit showing as a cabar decision is an incomplete one and she has a complete C has a original and complete document of the cover decision dated 64 2024 where is your okay 26 for 2021 huh and press for alanga to bring it bring on record by filing an affid additional affidate the prayer is allowed Sorry, Miss Jungu is granted two days time to file additional affid stop list this matter again on Thursday >> for Thursday again. Okay, >> for clarification there will be some if there is any clarification.
>> Yes sir.
>> On the Thursday. Okay.
>> Yes. Yes sir. Okay.
>> Okay. Hi.
>> Thursday is DVD day.
>> What?
>> DVD day.
>> Oh, no. Thursday.
>> No, it it will be on Friday. Sorry.
>> Sorry. It will be on Friday. Sorry.
Thursday DVD day. Okay.
>> Yes.
>> Yes.
>> Item number 25.
By the way, they have filed a contempt case but >> on the judgment of the single honorable single beds but we have filed a read appeal also because there are some factual difference >> my lord here I need some time to file reply m I have obtained some documents my lord from the >> no I don't have any objection my learner friend is taking time but this may be noted that we have already filed a readable I number 33 3 2026 >> any stay >> no no no there's a delay in their appeal okay >> appeal has not been >> admitted has been filed that may be recorded my submission >> okay Mr. Ahad Mr. BPJ L council for the petitioner who sist received some documents subsequent >> yes ma'am >> development.
>> Yes ma'am.
>> Who say that? There has been some subsequent development in the matter and he has obtained some documents to which he wanted to bring it on record by filing additional affidavit. Okay.
>> Reply replay reply mly. Yes ma'am.
>> By by filing additional affid reply reply already filed earlier.
>> No m they have filed a opposition to >> okay then sist that he has received the affid opposition and prays for allow him to file addition in reply the prayer is allowed Mr. >> Why do appearing for >> okay learn council appearing on behalf number 123. Okay. Appearing on behalf of respond contaminant number two. Sister has been filed number has where >> here. Okay.
>> Before this okay.
So since the as pray for gama uh pizza when 176 >> 176 >> okay granted time to file a FD reply stop prayed for by balani council for party at least this matter on 17 >> six >> six >> six >> okay here I would like to submit one thing but contam is always against the person in person >> yes sir Now this the affidavit has been filed by the do all the respondent.
>> No no no that is by by authorization they in Delhi on on virtue of the authorization that is already written in okay >> I got rules from steps. Okay. For that we will objection. Yes.
>> Yes ma'am.
>> 176 >> 76 obl I may be appeared virtually my lord. I may be allowed to appear virtually my lord.
>> My lord here in this case in a last occasion this honorable court has direct me directed me to file the oppoition.
Okay. Although I was not there my friend is there on my request.
>> Now while I file my operation there is a defective in the registry branch. I have I have to rectify today itself here after and accordingly the matter may be listed after two weeks otherwise it has been filed yesterday otherwise it has been filed one week before >> but since I have to come and rectify there's some mistake in my registry part the registry has directed me to rectify it first and foremost after filed by the condon since it is my appeal my lord I may be placed my submission First my lord if your lord she kindly sees the last order my lord kindly sees >> see the conduct of the respondent my lord >> this this IA is filed by >> by the >> okay object my point is that your >> there is that delay there is a delay delay of 11 days only since I was conducting the matter from Kolkata due to my lord this logistical problem my lord there was a delay of 11 days now my lord my >> no no no no just a minute you have an objection >> yes I have filed my objection that is in effective what my learner plan has not been injected in mind my point >> delay of only 11 days >> who has been mentioned where it has been mentioned that it has been delayed for 11 days whether hs found of that it is delayed 11 days it is wait a This application just a minute this application under section five elimination 8 >> is filed for condemnation of delay of 11 days.
>> Yes.
>> Isn't it?
>> No that I have a strong objection that is not delayed by 11 days. It is a delayed of 40 days.
>> Okay.
>> That have been mis interpreted by this by the side. according to days.
>> Yes, I have have to have ought to have filed written objection where I have clarified my stand. That is my issue.
>> Okay, let them file objection.
>> That is he has already served copy of the objection where in my lord he has not taken any such point which he is now mentioning. He has only taken a point that I have not served copy of the stay application along with all application.
So he could not file his opposition.
That is not his approval. That is not his recording. In the opposition my lord >> on each and every day he will come and say that I'll either I will file my objection or no copy has been served.
There is a delay of 11 days. There is a delay of delay of 11 days in filing since the limitation is 90 days. My lord I must kindly see the orders my lord on each and every occasion he will come. No make submission I have not received.
Just a minute no need to make such submission. Just a minute. So you have already filed objection.
>> Yes.
>> There is some defect.
>> Definitely that >> found by the registry that is to be already corrected or not yet?
>> Already been corrected.
>> Already been corrected.
>> Already during the course.
>> No no it is in the >> Okay. Mr. Mr. >> Dr. Bogle for the applicant. Sorry. No. Uh the petitioner is >> shranguli.
>> Okay.
Huh. So Mr. Doctor is name council appearing on behalf of the respondent number >> one he has filed objection.
However, the objection is not on record stuff. Huh? The when do you want? You said >> uh within a week.
>> You said already corrected.
>> Already corrected. But >> so when do you want >> it was affirmed on 12th of November 2025.
>> No lord.
>> You want when do you want next?
>> My lord? Any day? Tomorrow. Day after tomorrow. Any day. Subject to your convenience my lord.
>> Okay.
>> Next week your lordship. I have to go.
That's Monday. Okay.
>> May I take your leave >> on Monday? Lord.
>> Yes.
>> I turn about 28 and 29.
>> If I may please. Lordship.
>> Yes. Lordship. I am for the applicant in the IIA.
>> Where is the file?
>> Yes, Lord. I am I am for the applicant >> in the IIA.
>> Mhm. And I am praying for the implement implement of the uh applicant as the respondent in the red petition number 228 of 2025.
>> Miss I for what?
>> For implment logic.
>> Impment.
>> Yes.
>> Okay.
You have any objection?
>> Yes. I have objection here.
>> It has impment.
>> Yes. For implantment.
>> Why? Why you want to implate? before >> because lordship uh I was the one who carried out all the work and this is the uh there uh the applicant TM enterprises seeking direction to release the pending bill amount of rupees 13 cr 93 lakhs 13,250 rupees against the state of Pradesh represented by the department of food and civil supplies and the same is still pending and you hear uh the Subject matter is uh pertaining to car carriage bill for transport.
>> I you are the applicant.
>> Yes lordship >> to implee.
>> Yes lordship >> as respondent in the petition.
>> Yes lordship.
>> Filed by the >> present uh respondent.
>> Yes lordship. I was the one who carried out all the works.
>> Okay.
>> And uh I was the one who uh who who is holding the power of attorney.
But without informing me and without a consent uh they have uh appointed a new power of attorney in the year 2015.
>> Okay. This red petition is for what >> my lord?
>> Yes. Red petition is for >> red petition is for releasing of pending liabilities.
>> Okay.
>> Against director civil supply amount of more than 13 cr. It is SH PDS.
>> So it was executed by whom?
>> Executed by >> actually it was executed by me since 2001 to 2003. M >> I was educated work age party agreement between me and the deputy commissioner and then in 2004 I have engaged the private district president appalent in this case >> to pursue the pending bills in terms of entering into an agreement power of attorney in 2004 and till 2000 till the filing of Repetition.
No any communication which is more than 21 years from the date of the agreement till the filing of this petition since 21 years. No any communication no any of that in regard to this pending bills and then in 200 uh4 I have issued notice to the power of attorney the present appendent. Since you are not pursuing the matter with the government and you are remain unattendant so I have issued S notice to the appalent I'm going to terminate the power of attorney which was executed between me and the appalent then there is no any reply from the appalent then ultimately I have terminated that power of attorney after 20 years so I have appointed another power of attorney to carry out to parade a pending with >> now the department is paying the pending bill.
>> No, since 2004 or since 2001 >> then who has the right to claim is a dispute.
>> Yes.
>> So val here you have to decide first.
>> So this earlier this appent authorized >> to pursue a pending with the government eight party agreement in 2004.
But from the date of that agreement as of today till the filing of this petition the appellent did not carry out eight party agreement of permanent condition of the agreement.
>> Okay. Yeah you are f >> I have filed an objection.
>> Objection >> have you received the copy of the object? Yes Lord and Lord Shiv uh we have filed several representation in the government as well for the pending bills >> and there is a uh agreement between both the parties >> that um the the carriage work is to be uh carried out by me and then the 9% of the one uh bill may be >> this is for claimment claiming the uh for release of the bill yes but now you want >> to be impleed that is the respondent here.
>> Yes, Lord. Because Lordship there uh uh >> see then his his prayer is to the government.
>> Yes, Lord. department >> and what would be your prayer >> lordship my prayer here is that this red petition may be dismissed because lordship if if it is not dismissed in this stage then I will be highly uh uh deprived of my rights because I was the one who carried out all the works and I invested all my >> you will not be able to claim come even if it is decided in your favor also then come before the court if it is dismissed >> sorry lordship >> if it is dismissed if the petition is dismissed >> yes lord >> you will also not be able to come. We we may be we may be allowed to uh uh seek uh >> No, I think this is the dispute or fact.
You have to decide then who has a claim better claim.
>> I have the better claim because ought to challenge a termination order first.
>> I have terminated.
>> Terminated.
>> Yes, I have after issuing the notice I have terminated. The ought to challenge it. We uh just a minute we'll get it listed in the admission column then. Okay. Yes, Miss Mr. No, no, Miss uh >> Dor planning council for the applicant.
>> Lordship, uh if I may be allowed to make one submission lordship that uh in regard to the termination of the uh agreement of P of power of attorney as well. Lord ship I have in in terms of if there is uh any kind of financial involvement in the in the uh in the rights then it cannot be uh terminated anyways >> past I think in the petition no any order no okay >> and we have we have never >> he has received the opposition filed by the respondent st u also Mr. Taji L council for a petition uh Mr. Tajan council petition is also present for the state respondent for respond the parties has been exchanged parties are present listed for admission. Okay.
>> Iniction we have not filed our cont.
>> Okay then uh >> our is ready your lot.
>> No no no in the are you filing anything?
No >> not yet filed.
>> Not yet filed.
>> Okay.
For then >> I in between the aent and yes >> pray for father 3 weeks time two two weeks time to file a petition >> petition.
Okay.
See the IIA will take up this matter when >> uh >> I IA probably you may have to decide.
>> Yes.
>> And then uh this can also be probably sent to the mediation because in between this is the in between are you otherwise uh in any case related? No only at Tony holder only.
>> Power of attorney holder. power >> and there is a there is a vested right as well because I was the one who uh executed all the works l >> I have I have invested all my >> got executed in the year 2000 up to three now you were only allowed to pursue >> pursue the bills >> with the government >> in the 2004 according to him so >> it is in the record my daughter >> now >> but you have to explore you have to just uh what is the uh because that this court may not be able to decide. It has to be decided.
>> Yes, >> it's it imposs agreement as well. In the agreement itself, it has written >> so >> that the works shall be carried out by me and then 9% of the whatever bills may paid to the uh team enterprises the owner.
>> You have been terminated. Lordship we have not been given any uh any notice >> and the ter in regard to the termination as well lordship if there is a in your in your affidate whether you have any next termination order >> yes yes in my reply to the mis case I have already anyway we'll take up next week >> after two weeks my lord >> after two weeks yes m >> least a matter after two weeks okay >> a fixed maybe lord ship will be better because >> one week after two weeks >> after two weeks we need a fix date request at least this matter on 10 June All of right m >> item number 31 >> please.
>> Yes ma'am.
>> M for the contesting respond number three private party.
>> H >> well I'm for R3 M for the contesting party.
>> Okay. So this has been dismissed for non-prosecution.
Uh and the application which has been served upon me it's quite a vanilla application without any justification and I would also want to point out the conduct because of which this court should not warrant any interference at this stage. Now >> I I restoration of the main case >> you have objection. I have serious objections my lord right from the very beginning I may just point out three things my lord when this matter was filed me my lord it is against allocation of tender to me >> have you filed objection sir >> I have filed counter I'll just point out three things which includes one of the one of their conduct also my lord >> they did not make me a party they suppressed that fact then I got myself impleaded thereafter on numerous occasions my lord they have not served rejoinder to me then they did not appear on three dates and the matter dismissed for nonprosecution look at the last order by which they are agreved at page 14 me of this of this application me >> page 14 of their application me please have a look third paragraph me on two me has it >> on two previous dates of listing of petition that is 173 and 24 224 there was no representation on behalf of the petitioner the learn council for the respondents were present on those occasions also on 17th March order me look at your record and It records that I I asked for a joint or they have not supplied it to me.
>> Now look at the application meot. What's the justification they are giving in the in their application? It has to be a speaking application. Paragraph three.
It only talks about 26th of April last order. What about previous dates? No justification. Why? What's the justification for not serving rejoined upon me? Why they did not make me the party? The idea me is to keep a sword hanging on my head and keep the litigation perpetrating with which is which is without merit. I I can answer on merits also right now if my lord wants me to.
My lord, in that case the matter may be decided on the decided on the merit. My lord, >> first it has to be my lord.
>> It has to be restored first. I'm sorry sir.
>> Look at paragraph three of their their application. There's no justification.
It's just wasting time of code and keeping a sword hanging hanging on my head.
So they have mentioned only one date.
>> One date their conduct right from very beginning is very unscrupulous.
Only my lord will came to know that on the dismissal order only my lord 17th March where were you 22nd April where were you? What is the justification for that? Why have you not given the joiner to me? Why didn't you why did you not imple me and look at the prayer the way it has drafted the prayer with the way it has been the prayer is there. They want to they again now in the in this application also they're not disclosing that this my lord's order was modified by division bench order they are seeking to go back to the an order which has been overridden that they are seeking entry for 17th March which was over overridden by the division bench me this whole conduct reeks of malicious prosecution >> page eight I'm sorry >> page eight of the prayer also if they're seeking some kind of entry order restoration of 17th why they should have given a whole detail 17th March 2025 so these are four five points I will I obviously we in my lord's hand but there has to be some justification if I may address two lines for collision on the on the merit I'm not arguing because I don't have a joiner but I can just submit See council you could not mention the date when you remain absent also.
>> Yes ma'am.
>> Mh we only came to know know the dismissal order only my lord >> dismissal order mentioned that you remain absent on two date that is 17 and 173 and 224.
>> Yes my lord >> it is there my lord >> not a long order >> my lord. uh the Angus council is uh basically practicing at the principal seat my lord.
>> So what so one day goes because he's practicing in the principal seat. So my lord he basic he >> why one day one one day should not be mentioned because he's practicing in the principal seat >> h >> so my lord >> you have not mentioned about this >> about >> yes my lord that deaths are not mentioned my lord >> and then you are filing for restoration >> yes my lord >> that also not mentioned See it's difficult then conduct and now you now you are not agree they're not agreeing on that.
So what to do?
>> So my my lord my prayer is my restore the main case and merits may be decided on the main case man. Okay >> me lot I may I submit something >> lot on 17th March let me look at me lot's order on 17th March me had directed what look at I'm I'm only on contact I can argue this whole can I can argue and merit also but 17th March me is recording that they have they have not even served to joiner upon me they are completely non litigant what what do they want to argue if if I may if I may if I if I put to myself >> okay so we'll allow Oh wait with uh they will pay they have to pay 5,000 >> increase the cost put it in the in the legal aid I don't want the cost put it in the legal aid but the cost should be on the higher side for the whole conduct from very beginning from it's suppression they not did not even make me party I had to come myself after coming to know and I made myself pleaded here >> this is the conduct for past over one it's it's a sensitive mind my lord my lord did not even allow their vesting uh stay the work has moved much beyond any of it in structures kind had Mr. >> L council for the applicant also had Mr. Kumar council >> respondent >> I think I'll pass order you pay 5,000 to legal aid council okay ma'am >> I'll direct you 5,000 and restore to file okay >> okay ma'am rejoiner may be supplied I have not even got copy of rejoinder till date rejoinder they have not to me list uh they You have filed.
>> They have filed. They had to file a joiner. I not filed.
>> They have filed. They're not giving it to me. My lord has caught it in the order.
>> That it doesn't sound nice when someone complain.
>> That is also pointing towards the advocate.
>> Yes, ma'am.
>> It doesn't sounds nice. Huh?
>> Okay. I will talk to my senior.
>> So least at least the matter on >> what mean after two weeks my >> after two weeks. Okay then.
Yes. Next.
Okay.
Avoid any date in June if possible.
>> No, no, no. When ask June when >> any any date?
>> Any date? No date. No date. Okay.
>> Or after two weeks. All right. 31.
>> Okay. 31.
>> 31.
>> You should have come prepared to give date. Okay. 31. 31 is what? Hearing >> Oh, sorry. Item number 37.
Item number 37 m was fixed for the hearing.
>> Oh, so today it will not be possible.
>> All my UFO >> I'm from the respondent respondent respondent. This matter is take a lot of time near four hours. I think he will take two hours. I think due to the time this cannot be I know your lordship is going to take election matter in a second.
>> Okay. Then when do we fix? So let it be on as we agreed on 166.
>> Okay.
>> So this may be due to the posity of time >> of time >> time the matter could not be taken up for hearing stuff. However, sorry. Okay.
On the prayer of on the request of both the council for the party list this matter on >> 166.
Okay. Yes.
No, no. Where is unlisted matter?
>> They have not come. Lordship, >> it has not come.
>> It has not come from the >> I It has not come.
>> It doesn't come too this. Yes.
>> So this Mr. M.
>> So by the respondent named advocates name Mr. Sunil Mo for Union of India.
>> Okay. Union of India. How um due to this matter has been has been listed for hearing. However, due to posity of time, the matter could not be taken up for hearing >> on 166.
On the request of both the L council for the parties, this is matter on >> 166.
>> 166 called the unlisted one. It has come.
>> Unlisted first.
>> Yes.
unlifted item number 38.
The name of the party.
>> Name of the party.
>> Bim is bjord.
>> Yes sir. Uh me the petitioner before lordship petition number two uh is the general manager of the petition number one farm.
Now milude he was a registered class one category contractor. Now pursuant to the agreement dated 10 11 2021 the contract was awarded to him to construct six number of bridges. He has completed two number of bridges and he placed his bill amounting 19 cr 62,000 and odd. Now out of that me lord 8 cr 7 >> construction of what?
>> Uh the six bridges two bridges out of six numbers. Now two bridges have been completed.
>> Okay.
>> And me lord he raised his wheels uh nearing 19 cr 62 lakhs 27,000 and all out of that melod was allocated. It was received by my client. Now the rest of the bill melody raised his bills way back on 224 2025 the government remains silent then again on 10 10 2025 they did not do anything now despite the fact melody lordship kindly say I'll take your lordships to only one page at page 54 they have admitted that nonetheless they are silent page 54 you worship kindly This is by executive engineer. Has lot got that >> 54.
>> 54 is by executive engineer the division to the chief engineer. This to inform you that the above mentioned project was sanctioned under so and so so and so for an amount of rupees so and so. Two number of bridges were completed.
dealership kindly see they have admitted completed out of six numbers during the last financial year 202425 namely the bridge over the Doooso river at so and so and uh Jera river these two number of bridges have been constructed in exigency and on an emergent nature and to make sure the traffic movement is smoothly regulated without any hindrance and inconvenience the total cost incurred for the completion of these two bridges 17.23 23 cr. As for the fund allocation during 202425, a payment amounting so and so has been released to the executive agency method so and so. During the current financial year 202526, a fund allocation of 500 lakhs that is 5 crores has been allocated under so and so. It is highly requested that the higher authority may kindly approve for splitting. Now is seen although they have admitted that where is the work order? Uh that >> agreement >> agreement your lordship kindly see at page 17 that is the agreement that page >> start this was enter in person to the nit >> uh in regard to this fellow dealership can see page 18 >> page >> agreement made on 11th day of April 2025.
>> Any NIT?
>> No, it's not pertainent to any NIT >> and it was this was in person to >> it was pursuant to this agreement. It was approved by the chief minister after the cabinet decision was taken. So my lord it is admitted position they have admitted that we have completed two numbers of bridges and therefore it was incumbent even your lordship will find at page 53 >> agreement enter between >> enter into between the lord my party and the executive engineer >> executive engineer >> yes >> executive engineer who authorized executive engineer >> he is the authorized person melod to make any sort of agreement.
>> Okay.
>> On where is the nit?
>> Nit me it was extended terms of contract >> where >> because in terms of that me >> of which >> your lordship only said page 18 >> this is agreement only. Yes. This agreement enter on in person which one what >> extend any nit any uh >> me the original agreement was a loshivin file that in page 17 11 10 2021 now this was an it was for road construction of 20 km road me that jot road 20 km that was completed long back and as a part of extended contract which is a part of The contract the original contract it was given to them.
We we filed a read petition against that particular thing. It was the read petition was allowed. The government filed and read appeal. The read appeal your lordship can kindly see what order was passed regarding two bridges. Your lordship did not say anything. Lordship kindly see at page 52.
The operative part at page 52, paragraph 16.
Fellowship may come to pace paragraph 15. The submission of the opulence cannot be dismissed. Two bridges have almost been constructed. It appears the respondent was awarded work by the assistant engineer prior to any financial section or administrative approval. Yeah. So that two bridges >> then therefore there appears to be a >> that was dispute other dispute >> in in dispute in regard to four bridges not two bridges your lordship has clarified that >> therefore there appears to be a prime case to stay the work of the construction of the remaining four bridges as well as any maintenance. Now regarding two there is no problem even the government has worship can see let us let us after this judgment any any order passed >> no after this there is no no such order the stay is continued in regard to the remaining four bridges only now we are not on that when the uh half or the rest of the amount was released first >> yes first amount was released on that we have stated in paragraph Nord page 11 lordship may see right from paragraph page 10 paragraph 9 >> page 10 >> page 10 paragraph down below my lord paragraph 9 >> yes >> that why communication dated so and so respondent number four admitted that two numbers of bridges have already been completed during the financial year so and so doo and jera river and the total cost incurred towards the two bridges is 17.23 23 cr and as per fund allocation in 2024 to 25 repayment amounting rups 8 cr 70 lakhs have been released to the petitioners and although a further payment of rupes 5 crores was allocated in the financial year 2025 to 26 the same was not released to the petitioner team >> now your lordship kindly said this was not released because of the fact the reappeal is pending your lordship did not say anything about two number of bridges is which has been completed. Now say the vendetta taken by the state machineries not to pay me is just an harassment me. I have done my duty. I have completed I spend my money and I am in MSME and >> this was in extended without any NIT >> that position is not an issue. Now let the government come up with their plea what they want to say why they not pay >> the submission of the cannot be dismissed have almost been constructed. It appears that the respondent was awarded by the assistant prior to any financial sanction or administrative approval or even prior to investigation relating to the soil. No work order has been formally issued and there was no approval by the by any subcom as mandated by law. Even the when the respondent started conception of two out of six there was no There was no completing and no if I then >> yes I will take >> or what notice to be issued >> notice may be issued today will issue notice then yes today me I'm not asking for any interim prayer now the statement whatever they made in paragraph These are my lord. I can say that these are all false statement. I I will take your lordship to the record the next time whenever it comes.
>> The government is fighting like as if they are a private individual.
>> Okay. We'll not say anything. Just issue notice. Okay.
>> Yes. Yes. That's all.
>> Huh? Mr. Hinda L senior council assisted by >> Okay. L council for the petitioner staff. Huh?
Also had Miss Sangeita L government advocate for respondent all the respondent >> said respondent number one to five star issue notice returnable by four weeks we'll say yes.
Okay. Since Miss Sangeita L government advocates appeared an accepted notice on behalf of all the respondents, no formal notice is required to be issued stop. However, the petitioner cell phone is required extra copy to the L council for the respondents. Lana government council during the course of the day. Okay.
>> Stop list this matter after >> by tomorrow minute.
>> Okay.
by uh within 2 days. Uh list this matter after 4 weeks.
>> Okay.
>> Item number 39.
>> See mod.
>> May I please your Lord say?
>> Yes.
>> My lord after filing this petition I have found some technical error.
>> So on that ground I may be allowed to withdraw the matter.
We delivered to file a phase. Okay. Mr. you learn council for the petitioner some he may be allowed to withdraw this petition with liberty granted to the petitioner to file a phrase after making necessary corrections this petition stands dismissed on withdrawal with liberty as okay Yes, >> it turns for cross examination of BW1.
>> Okay.
>> So before my friend start my there is two exhibit original copy I have produced >> the exhibit five and six after completion with >> where is Santos? Santos is uh he was in court number three.
>> Okay.
>> Yes.
>> Yes. My original are here. One is public.
>> Another is the certificate issued by the officer.
>> This is to be >> this is to be exed >> by >> by the DW1 is present respondent one.
>> Okay. Sorry.
Okay.
Okay. Please.
of compar.
All right.
Okay.
Evidence.
Exhibit six.
So this is the only exhibit >> only two exhibits.
>> Okay.
>> R5 and R six. One is certificate being issued by the returning officer on being elected >> uh >> as a member of legisl and another is not elected as a speaker.
>> Okay. your own >> are >> earlier you have submitted >> I have already submitted my uh >> evidence >> evidence in chief my so are defendant is present today my >> okay just a minute number one >> my friend has to cross before that my lord I have to agree with this two >> okay just a Has it been taken on record? Evidence in >> it was filed long before >> no on record of March or 30 March 10th.
I think it is clear >> 13 >> 30 March 30th >> 31st okay it was taken on record now I'm positioning the original just to compare with the office okay there h Because okay, it will be in continuation. Okay.
Yes. Can I exit?
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