12 May 2026 | Court No. 5 | Live Streaming of the Court proceedings.

Added: 2026-05-12

[00:06:09]before the I'm sorry before the list is called on my lord I have a tearing urgency my lord the pressing urgency is mad this matter relates to postpold violence my lord my wife was the protehan of the gram my lord now your lordship knows my lord on since the my lord the boot is on the other foot my lord I had a threat perception where where is why meord my lord there Three my lord armed force constables were mal deployed now they have withdrawn one yesterday now two are they are going to withdraw today my lord I was shot at earlier there was an f but I was the victim unless I get protection my lord >> I leave all matters are taken up you serve notice >> only difficulties that today from today afternoon I'll be absolutely without any protection me so I am there mad my >> it will come as per presentation form all matters if it may appear tomorrow I'll give tomorrow's Day after tomorrow you know there's a >> but then day after tomorrow it will come come along >> whom I will give direction tell me Mr. Unless the leave is granted, I think it will take some time.

[00:07:10]>> You indicate in the presentation form as per presentation form it will appear. To whom I will give direction unless state is represented >> but only my lord unless no some direction is passed your worship understands. My lord as per presentation form >> I may not remain alive allies my lord for preparing this application >> preference is required now all matters are called on >> but postpone violence matters my lord your lordship understands >> matters will be called on you to file it as per presentation I'll do that only pres to correction by your >> at the same time also I have to say the difficulty court is facing >> no absolutely this is my life threat which is why I'm before your lordship unless leave is granted they will not give number before 48 hours my lord Only if that leave is ready, let it come up after 48 hours. Perfect. So for that I requed to mention one nonprosecution matter.

[00:08:04]Non prosecution >> mention on Monday. Today's not mention mentioning that those which are very urgent matters like Mr. Baj has mentioned mention on Monday. I have I have refused others mention on Monday. I will allow your mention matter matter my lord has >> yesterday you mentioned >> yesterday I have mentioned my lord >> mentioned on Monday >> service has already been >> very well mentioned on Monday >> this is only nonprosecution >> mention on Monday mentioned on Monday nonprosecution don't in try to invite attention of this court since it is non-prosecution I will allow your mentioning but not today I have refused others mention on Monday I will allow >> you seeking leave to file one matter is a victim of sexual office petition residing in state of Madhya Pradesh. Now she wants to >> file it. File it difficulty is that she wants to file through the repres representative and the signature of the petitioner is not available in the prayer portion only that difficulty is >> that how can I there is all formalities done I only want leave to file that >> no that how can it be it has to be under the procedure because the accused person was rejected he's abunding and I want investigation >> accused person is the petitioner. No no no no no.

[00:09:18]>> Then ask ask her to come.

[00:09:21]>> She's in Pradesh.

[00:09:22]>> Sorry item number one.

[00:09:28]This is an assigned matter. Lordship secondary returnal death come retirement benefits.

[00:09:34]Now lordship your lordships has direct lensially heard and lordship. There is a direction for filing a report. Now lord report has been delivered to us.

[00:09:45]his legacy. Please please to release this matter.

[00:09:48]>> Just a minute.

[00:10:27]center stretch.

[00:10:40]Are you matter needs needs hearing in presence of the state respondents because there is a direction upon the district inspector of schools to file a report has been delivered to me but other side presently 8 9 I am praying for a file to exceptions to the report. Report has >> no not at this stage. Um uh u matter u matter has come up in the list under the heading to be mentioned on being assigned video order dated 18th November 2025 by by the honorable the chief justice stopped today petitioner is represented by learn advocates land advocates but respondents are not represented.

[00:12:15]Stop.

[00:12:21]List the matter under the heading motion assigned in the monthly compile list of June 2026. Stop. Next paragraph. In the meantime, uh learned advocate representing the petitioner is directed to take steps for ensuring representation on behalf of state respondents and the school authorities.

[00:12:50]So have noticed let the situation uh is changed and then some of the matters will come under the heading assigned motion. then I will try to accommodate those matters.

[00:13:05]Next item number two, your lordship, I'm appearing for the private respondent at our instance as the honorable chief justice sitting with justice was pleased to send the matter on remand matter mention this matter just give the copy paragraph 26 of the honorable division bench judgement. Send me.

[00:13:44]>> So let the FB be exchanged.

[00:13:45]>> Yes.

[00:13:46]>> You are representing whom?

[00:13:48]>> The private respondent in the repetition. The club.

[00:13:51]>> I'm the repetition of >> relief was sought against my clan where the honorable single judge justice ghost was pleased to hell that I am a trespasser against representing seven and eight. Five and six are representing seven and eight. Mr. landlord >> the profon 7 and 8 >> my lord. My lord I have informed him. He called me lord. Uh >> where is the notice upon 7 and 8?

[00:14:22]>> You mentioned this matter. My lord five and six I have already intimated.

[00:14:33]I will be praying my morning Mr. Munchi informed me due to some personal difficulty he could not present here two weeks time to file affidavit my lord in opposition >> no who is representing respondent number seven and 8 >> Mr. Ifi my lord >> where is he? Where is he?

[00:14:52]>> Lord he personally requested me lord that he he's unable to lord appear today. Lord I will come back tomorrow.

[00:15:00]>> Very well is list the matter under the same heading tomorrow.

[00:15:21]13th May 2026 for further consideration since you are representing respond number five and six.

[00:15:32]>> Yes sir.

[00:15:32]>> Since apart from respondent numbers uh five and six other respondents are not represented. Stop. Next paragraph.

[00:15:41]learned advocate representing the petitioner is directed to uh inform the learned advocates representing non-appearing respondents.

[00:15:59]Stop come back later. My lord uh why can my lord can at our instance my lord that is for appropriate order but let the academics maybe exchange my lord thereafter you may be pleased to hear my that is for opening of the padlock which has been put by the police treating my client as trespasser in the set premises so I'm not specific >> what you are praying for in can application >> can is for appropriate order so that the padlock may be open but I so that the padlock may be removed by the Police allegation of criminal trespass. Let me >> finish sir.

[00:16:34]>> The earlier my lord when the repetition was filed at the instance of the repetition allegation was that I am a trespasser and that was hold by the honorable single judge against that we preferred the appeal where the honorable chief justice city justice was pleased to hold that we are not trespasser and the issue has to be decided.

[00:16:54]>> I prefer appeal.

[00:16:55]>> I prefer appeal. grateful my so I'm not pressing now this >> you took the point that without serving notice matter was heard by the single by the coordinate bench >> my lord I took the point my lord that without giving me the opportunity to file affidavit my lord the order was passed and in a >> why you did not represent it before the coordinate bench on 25th September 2025 >> no it was represented but >> appeared mil >> they appeared some employers >> may I hand over the copy of the order of the coordinate That means >> no no it is on record >> but my lord no giving >> the matter was remanded only my lord because of the point my lord >> not only my lord my lord I stand correctly >> you representing five and six >> yes >> mr if she is appearing virtually number five was represented but not six >> yes yes >> so you took the point before the coordinate bench No time I was >> that you want to file affidib that time.

[00:18:00]>> Where is the recording in the order of the coordinate bench?

[00:18:03]>> My that was the instructions I received from my >> where is the recording in the order of the coordinate bench that you prayed for accommodation to file in opposition.

[00:18:12]>> Lord I don't appear my lord earlier before the honorable coordinate bench some other set of lawyers appear for the first time I app.

[00:18:21]>> Can it be a ground? Well, that was actually >> can it be a ground for taking this point that though I took the point of accom I to I prayed for accommodation to file affidavit in opposition same was not considered by the coordinate that was taken by the honorable chief justice if you lordship kindly sees my lord paragraph 20 onwards >> court is asking court has seen that order >> yes my lord >> where is the point taken before the court >> that was not recorded but that was asked for that is my instructions from my client my lord I don't appear before the honorable single judge This is the first time I'm appearing app only I'm beseeching your lordship.

[00:18:56]>> Change of advocate will absorb the responsibility.

[00:18:59]>> Not only that my apart appears so prime but apart from that my point of trespasser was observed by the honorable single judge in a rich jurisdiction which has to be adjudicated by a civil court whether I'm trespasser or not.

[00:19:20]Kindly see my paragraph 20 onwards subject to correction from your lordship come back tomorrow is appearing very well you try to serve notice come back tomorrow very well >> item number three is not represented state representation is required state has to be given opportunity to file >> FDB in terms of the order of the situation is concerned the state Next matter >> item number three. I'm for the petitioner lo mechanis two orders 25326 and 4526.

[00:19:58]>> Why it has come under the >> It has come under theing mad since the matter has been compromised between the parties and has been settled. So that is why your lordship had kept it on the 4th of May. Since your lordship had asked me to who is appearing for the respondents >> private respondents they out of court learned advocates representing uh the petitioner and you are representing eight It is not represented. State will not be required. Now matter has been settled.

[00:21:00]Learned advocates representing the petitioner and respondent number eight.

[00:21:15]have jointly submitted that the issue involved in this disputition was settled out of court.

[00:21:24]Next paragraph in view of such submission made on behalf of the parties on behalf of the petitioner and respond each court.

[00:21:34]No further order need be passed on this repetition and same stands disposed of and and the repetition stands disposed of parties to act on the server copy.

[00:21:43]The affid service be kept the affid service filed on behalf of the petitioner is taken on record.

[00:21:54]>> Item number four to the state state already file a report and I file my my accept my lord I'm by Mr. >> where is Mr. G is not available >> very you are there just something Hey, Any report by the commissioner of police? At that time they file one report and put a state asking what is his designation >> but how long you will park your vehicles on national highway because it's a tenency dispute. You approach the civil court, obtain an order, but court will not grant you indefinite protection for parking your vehicle on national highway. Remove those vehicles now.

[00:25:20]>> But already my I tried my best to see that that finishes.

[00:25:26]>> I considering the exigency I have protected you but that will not continue for an indefinite period.

[00:25:33]>> File my exception my first of all the police started a case under sex and myot. Unless and until the this criminal prosecution is concluded your vehicle on national highway. No no no no my lord already my lord I'm I have tried my best to my lord remove my vehicle already >> in the meime you remove vehicles now you have got a protection by 7 days but after that authorities will be at liberty to levy fine and fine prayer my lord illegally my lord >> that court will consider in presence of the loner represent who will represent the state response but no further protection with regard to charging uh But in the meantime, kindly fix the date 7 days after 7 days and in the meantime >> matter will be posted after vacation but within 7 days you remove your vehicles.

[00:26:26]No further protection enough is enough.

[00:26:30]>> But no, >> I have no fault my lord. I have guaranted you this protection for a long period. But for this if this criminal prosecution and tenency dispute will persist for for an indefinite period that does not mean it will grant you a confer you confer your right to park your vehicles on national highway that this court is not going to permit you for certainly normal.

[00:26:53]>> Yes. All of a sudden this allegation was that that you are evicted from your premises without due process of law.

[00:27:00]Considering that that aspect court granted you that relief but this is for a temporary period not for an indefinite period.

[00:27:07]>> But that is true my lord.

[00:27:08]>> So remove your vehicle by seven days failing which >> instead of seven days two weeks no otherwise my lord. No so many vehicles my lord not one or two vehicle my lord.

[00:27:20]Matter is taken up for consideration >> in the police. Matter is taken up for consideration in presence of the learned advocates representing the learned advocates representing the petitioner and uh respondent numbers four and five who representing respond six.

[00:27:39]>> Four and five >> respondent numbers four and five >> and six is the podan. However, state respondents are not represented. Uh will not appear now. State However, state is represented. Stop. Uh next paragraph. In view considering absence of learned advocate representing the state respondents hearing of this matter stands agent. List the matter under the same uh heading for further consideration on uh 9th June 2026.

[00:28:15]No, sorry. 9th June 2026. Stop. However, however, petitioner is directed to remove vehicles which are parked on National Highway 16 by 7 days from date failing which concerned respondent authorities are at liberty to take steps in accordance with law. Instead of criminal case or otherwise in accordance with law since it is found from uh it is found that a that criminal prosecution has already has criminal criminal prosecution was initiated um being liua police station case number 46/2026 under section 180 of bharatio nagurikita 2023 and investigation and um 2023 stop.

[00:29:09]Furthermore, disputes relates uh further more there is a tenency dispute in between the petitioner and your client in between the petitioner and respondent number five >> four and five four and five for which petitioner is required to approach civil court uh in pursuit of remedy stop >> no otherwise exception.

[00:29:40]>> No exception exception. Uh but I have not granted you to file any exception >> reported a case under section 37.

[00:29:48]>> I have not granted you any leave to file any exception.

[00:29:52]Exception filed on behalf of the petitioner to the earlier report filed on behalf on behalf of the concerned police authorities taken on record. Next >> approach the civil court get an order under order 391 and2 already >> this court cannot pass such order yes item number five in this matter can it be at what is the urgency at 2 p.m. No, >> what is the urgency?

[00:30:32]>> I am not engaging in this brief at the time of call. Accommodation is paid for on behalf of the commissioner.

[00:30:57]However, private respondents are represented by land advocate advocates of hearing of this matter stand agent list the matter under the same heading for further consideration on uh 17th June 2026. Great line advocate for the petitioner is directed to serve notice upon the learned advocate representing the state.

[00:31:18]Now learn advocate representing the petitioner is directed to petitioner petitioners is directed is directed to take steps ensuring presence on behalf of the state respondents. Great. Next, appearance of item number six.

[00:31:46]>> Lord, may I just apologize?

[00:32:22]Oh, that's technical.

[00:32:34]You are representing officer in charge.

[00:32:36]>> My lord ad hoc arrangement because >> then in all such matters there will be direction for personal appearance.

[00:32:43]>> My lord my lord >> in order to avoid the difficulty which court is facing. How long this will continue? My lord, my lord, we have I assure >> our position.

[00:32:51]>> My lord, I >> all matters are being agent and what will happen after >> folded hands. My lord will kindly appreciate that we will come out with flying colors next week. We will not do any we have done the shopper.

[00:33:05]>> Then in all matters I'm going to pass an order directing failing which >> the concerned state respondent shall appear in person.

[00:33:13]>> My mad will not do that. My I am at >> otherwise petition learned advocacy petitioners are lamenting every day >> my lord my due >> to absence of the state respondent >> will kindly appreciate I am at my lord's beck and call my lord's order is my command but me what has happened milert I assure your lordship as my lord's officer that within next week millet everything will be in order >> otherwise court is not in a position to function >> what is happening milard I my lord will kindly I will try to take my 30 seconds of my >> yeses Because of this reason >> nowadays court courts are having time to hear the advocates this has been beyond the prescribed time has been told to me by many of the honorable judges of my lord's coordinator be the criminal ventures for specifically my lord as far as my lord justice joy singuptra is concerned one amicus cury has been appointed and the same is happening with my lord justice tank go and my lord just the honorable division bench of my lord just his ban that is also saving and my lord is the worst sufferer and same with my lord because of the land so wherever but lord we have take we will we are doing the need for me I assure as my lord's office things will be in order from Monday if not later than that but >> at least just before vacation can function as a very urgent determination >> otherwise lord because today these matters may lord because of some gap of communication on the last occasion report was ready with of my officers but it could not be filed before my lord. So my lord and s and now my officers also suffering they have come the though there was no direction for person >> now I I I I understand that in which matters uh state respondents presence can be ensured >> my lord >> and I will take care of it >> even at the cost of repetition my lord my lord will I am at my lord's beckon call I am roaming here and there in various court my lord will just appointing mr lord My lord will kindly just ask >> in all matters from 10:30 to 4 4:30 >> my lord will kindly not do that but my lord I assure as my lord's officer that any time at any part of the day my lord my lord may summon me I will be here within 5 minutes and I shall do the needful so that the state does not cut us sorry >> do this otherwise there is a real >> nobody is representing >> so my lord this has been taken up by uh >> and in this determination pres it is not a determination where court is hearing the cases of respective cases of petitioner and statuto bodies >> and my lords have been very kind also especially my lord because from the time there was a change of dispensation >> but that will not cut any eyes now since you are appearing today >> my lord but now me we have more or less settled it me so yes lot ships me the direction passed by My lord me we have prepared a report me which was supposed to be filed on the last occasion but due to some miscommunication lordships will kindly go my lord will not take as a miss just for my lord's you know perusal we have flagged it my lord will not take me a miss we don't mark copy so lord here me lord we have categorically submitted before your lordship that milord we have taken all proactive steps There my lord will kindly I will give a recapitulation of what the matter is. The petitioner before your lordship was had made certain complaints of apprehension of being assaulted by the accused persons.

[00:36:57]Now va by the accused persons of the ansequently there too he was assaulted. A case was registered by us. Thereafter me lord we made all searches everything but these people who have assaulted they are absconding. We have taken steps and we have in accordance with law. In the meantime, the petitioner made another complaint with regard to his apprehension, further apprehension. We have taken steps with regard to that. In the meantime, one of the accused persons had come to court with a plea for anticipatory B that has been rejected.

[00:37:29]We had opposed it. That has been rejected. Now lordships, we are taking all proactive steps to arrest apprehend him. The report is having all those documents annexed to it. If my lord >> what is the present stage of investigation?

[00:37:43]>> My lord will kindly my my lord will police >> under section 109661 bns. Now what is the present stage of lo will kindly see me 121 me initially the present stage is meard that we are taking all proactive steps to arrest apprehend these accused persons. If my kindly takes up the last page of my report, >> I apologize.

[00:39:04]But at where is your complaint? Page three. Millard. We have stated specifically what where is your complaint?

[00:39:10]Complaint page 24.

[00:39:16]will kindly P3 page 18 to 27 of my petition.

[00:40:04]What?

[00:40:38]No, not this one.

[00:40:57]Where is the injury report?

[00:41:00]>> Where is the injury report?

[00:41:13]Lordship there is a case of specific case of older 307 now 109 and pursuant to learn code bureau has already observed all this during the hearing of anticipatory bill and was pleased to pass this order and Lordship last minute. Uh right to arrest him >> and file a further report.

[00:42:41]>> My will kindly appreciate >> because bail has been rejected. So the accused is required to be nabbed.

[00:42:48]>> I I paragraph three lordship we have said that we have taken lordship. Uh my learned friend may be directed to submit a copy.

[00:42:58]>> Matter is heard in presence of the learned advocates representing the petitioner.

[00:43:01]>> My lord my officer in charge is here. He is assuring he has just joined. He is assuring lordship will not record it but my lord we will mill >> but to be not recorded.

[00:43:11]>> No no my lord I'm saying my lord that he my officer in char has just joined newly milard. So we are taking steps may all proact >> um in presence of the law advocate representing the petitioner and state respondents Mr. My state respondents.

[00:43:25]>> State respondents.

[00:43:27]>> Yes.

[00:43:27]>> And state respondents.

[00:43:29]>> Uh stop. Uh >> as far as I'm concerned today, I am only representing the Kolkata police because there's a special notification with Kolkata police that they can appoint >> without me the per from the legal remeders. So mil as of now milard I am just representing mil the police authorities that is 2 3 4 5 6 7 means apart from one 2 to 7 million learn advocates representing the petitioner and respondent numbers 2 to7 blocks now uh in terms of the previous order passed by this court a report dated 30th April 2026 of officer in charge Earbu Eggbalput pool police station Kolkata is placed before this court and same is taken on record. Stop.

[00:44:19]Uh let this report be let copy of this report be made over to the learned I'm sorry.

[00:44:27]>> Next paragraph. It is disclosed in the reported at 30th April 2026 that based on the complaint lodged by the petitioner a a criminal prosecution being Eggbalpur police station case number 48 dated 28th February 2026 was registered under section 109 within bracket 1/ 61 within bracket 2 of BNS read with certain provisions of arms act 195 59 stopped. It is submitted by the learned senior advocate uh by the learned it is submitted on behalf of the police authorities by the on behalf of the police authorities that investigation is going on. Stop. It is uh stop. Uh it further appears from the said reported at 30th April 2026 that uh accused uh accused moved an anticipated uh accused moved a a pre-arrest bail application which was rejected by the learned session judge at Alipur stock. Uh next paragraph. Considering the u um um allegation made by the petitioner uh against the accused person. Uh port directs uh inspector uh inspector in chargealur police station being resp to take necessary steps for apprehending the accused person within a reasonable time. Stop. Hearing of this matter stands agent. List the matter under the same heading for further consideration on n uh 17th June 2026 I'm grateful on the next date uh respondent number six shall file a further report >> and lordship only one rectification subject to correction of your lordship there will be accused person there are Two accused, one has not pressed the case, another bill has been rejected.

[00:46:37]Both has filed the bill application. So there are two accused.

[00:46:41]There are two private respondents. Your loie has stated accused.

[00:46:46]>> I'm grateful.

[00:46:47]>> Grateful.

[00:46:55]Item number seven.

[00:47:08]What is the agency?

[00:47:10]>> Actually, the petitioner is a tenant in respect of a shop.

[00:47:15]>> Yeah, petitioner is a tenant.

[00:47:16]>> Tenant in respect of a shop room and the private respondent had broken the padlock of the shop room and taken possession without due >> the property dispute come back after vacation in the supply in the month released. issue. Uh at the time of call, state respondents are at the time of call though petitioner is represented.

[00:47:36]However, state respondents are not represented. List the matter under the uh under the under the heading motion in the monthly combine list of June 2026.

[00:47:47]>> No property come back after vacation in the monthly list.

[00:47:54]Item number eight. I'm for the petitioner.

[00:47:59]>> Who is for the petitioner?

[00:48:00]>> I am for the >> What is the agency?

[00:48:04]>> It's a police in action case, my lord.

[00:48:06]>> Yes. All are police in action cases.

[00:48:09]>> Kindly kindly see.

[00:48:12]>> What is the agency?

[00:48:13]>> Kindly come to page. This will reveal the urgency. Kindly page 19.

[00:48:18]>> What is the urgency? Tell me. In spite of having the injunction order by the civil court >> by the civil court the monthly list of June >> come back month list of June >> they are raising construction month >> yes property dispute civil court case is pending come month order is there is there next next next matter item number nine I'm preparing for the petitioner.

[00:48:56]What? You asking for a passover? You're asking for a pass?

[00:49:30]satisfaction. Okay.

[00:49:44]Same thing we have done. My lord will kindly take my report what has happened is one person we have arrested she has been remanded to custody >> when arrested.

[00:50:02]>> Yes. And the other person is >> arrested. Mr. Lord will kindly come to the second page of my report. Toilet left in the blood ships.

[00:50:38]A Yeah.

[00:51:45]Thank you.

[00:51:53]Give me the money was transferred for uh by uh uh following what procedure? Is it cyber fraud?

[00:52:17]>> No, your lord sh I had willingly given the money >> for what?

[00:52:20]>> Uh because we had a cordial family relation. Uh she was my uh sister-in-law and since my wife had passed very early and I'm an aged person, I relied upon few family members among whom these were the people.

[00:52:47]318 case 318 BNS we have also >> given the steps have been taken one has been arrested uh it was detected that in account of two other accused persons some was uh credited and the bank authorities were request directed by the police authority to debit freeze their account so Therefore, let me dispose of this petition directing the police authority to take necessary steps to conclude the investigation in accordance with and only uh matter is heard in presence of the law presenting the petition and uh state and police authorities and police authorities.

[00:53:32]>> May I take my lord's leave if my lord >> Mr. Mr. Now court will uh >> I always can call it more than >> but I I assure me that things will >> Mr. T on behalf of the petitioner and uh concern police authorities stop um with my lord's leave. Yes. Yes. Yes.

[00:53:59]S in terms of the order date 21st April 2026.

[00:54:20]A report a communication a communication dated 11th May 2026 of officer in ch officer in charge Netagar police station Kolkata is placed before this court and same is taken on record stop. Copy of the same uh report dated 11th May 2026 is made over to the learned advocate representing the petitioner. Next paragraph uh it is disclosed in the commun in the communication dated 11th May 2026 that in connection with uh Net Gi no police station case number 193 dated 29th August 2025.

[00:55:05]One accused person was arrested on 10th May 2026 and subsequently in terms of the order uh order of the uh code below he was remanded in police custody till 14th May 2026.

[00:55:28]Stop.

[00:55:30]It was also detected by the concerned police authority uh or it was also deducted by the investigating agency that sum was credited to the account of two other persons and concerned bank authorities were directed to debit freeze respective bank accounts of those two accused persons.

[00:55:56]Stop.

[00:55:58]Next paragraph. On perusal of the report dated on perusal of the communication dated 11th May 2026, it appears certain steps have been taken by the concerned police authorities in connection with the effortset criminal prosecution.

[00:56:15]Stop. Next paragraph. Concerned police authority is directed to take the investigation to its logical conclusion at an early date and submit uh report before the jurisdictional magistrate.

[00:56:28]Next character read petition stands disposed of. However, this order shall not preclude the petitioner to approach the jurisdictional magistrate if situation so arises in future.

[00:56:46]Item number 10. This is that matter where directed miler to the state the respondent number four directed to provide necessary assistance to the P which would permit them to stay in their efforts as resident because petitioners are the senior citizen. What happened my lord? After passing out this order I made a formal representation to the concern authority that I am willing to return back to my home. They went along with me and what happened? Their private respondent using unpalamentary word and my lord forced me to my lord allow not allowing me to enter my own residence and my lord and also my lord said that we are not bound by the high court's order. Now in terms of the order today 21st April 2026 you are the son and daughter-in-law petitioner has been uh taken to it to his residence and he's staying there.

[00:57:46]>> No my lord no because my lord I am not able to enter my room because he is using pandometer and not allowing me >> in front of police authority.

[00:57:55]>> Yes in front of police authority my lord. My lord in front of >> police did not arrest them.

[00:58:00]>> No.

[00:58:02]So you are saying why you did did so?

[00:58:05]>> That is the fact which my Latin is saying that is not true. The day before yesterday police came along with these petitioners and the petitioner disclosed before the police that from yesterday they will want that property.

[00:58:20]>> I have talked to allow him to make submission.

[00:58:22]>> Pardon me. Pardon?

[00:58:24]>> What is going on?

[00:58:26]>> Pardon me.

[00:58:27]>> Yes. I clean the property. I purchase groceries products for them. Then since yesterday my lord they disclosed that they want to stay in the property but till today my lord I took instruction from the client no one is going there neither the petitioners nor father I am very much willing to stay with them the property is first floor there >> I want a report from the police authority because all both are the parties who who are at logger's head so therefore uh court should not rely upon the submissions unless some something or uh any report comes from the police office. So let it be adjun is uh hearing of this matter stands uh hearing of this matter stance adjun till 15th June 2026 in order to enable the concerned police authority. Okay.

[00:59:40]Or in order to enable the inspector in charge comma within bracket south close bracket police station to submit report.

[00:59:50]Stop.

[00:59:54]>> Come back.

[00:59:55]>> Great. Give your sister I'm praying for my unconditional item number 11.

[01:00:49]At the time of call, no one appears for the petitioner and no accommodation is prayed for. Next paragraph. In order to grant one more opportunity to the petitioner, hearing of this matter stands agent. List the matter under the same heading for further consideration on 19th May 2026.

[01:01:19]Item number 12 in this matter advocate for the petitioner Mr. Shushkumar Chakrai is seriously ill.

[01:01:28]>> Seriously ill at the time of accommodation is prayed for on behalf of the petitioner since learned advocate is unwell. Stop. Hearing of this matter stands adjun list the matter under the uh heading motion in the monthly combined list of July 2026. Next paragraph land advocate for the petitioners is directed to serve notice upon the uh respondents by one week after ensuing summer vacation and file affidavit of service on the next date.

[01:02:06]Item number 13. I'm >> for the petitioner in item number 13.

[01:02:13]>> In this matter, the land has been grabbed in this way. Milard, eight deed has been registered on a single day without me being going to the registry office. Somebody else has gone there and registered the executed that deed in person.

[01:02:32]And the description of the deeds have been given in parallet paragraphs numbers page number four and five.

[01:02:38]>> We are praying for registering of FIR.

[01:02:41]>> Yes mad.

[01:02:41]>> So that is not permissible. You have to approach under 1753 BNSS.

[01:02:46]>> Mal >> as an alternative remedy. This court will not permit this court to convert into a magistrate code. Mal I understand mal but I have gone to the mallet police station several times what is happening exactly mad I'm taking your logic mad the complaints have been hearing the advocates have been refused on several occasions >> appears all the envelopes are there the concern police authority to register FIR uh based on the complaint lodge uh to based on the complaint lodged stop next paragraph there is availability of alternative uh remedy under section 175 of batio 2023.

[01:03:28]>> Stop. In this regard, reliance is placed on the judgment of the honorable Supreme Court reported in 20076 ACC 171 within bracket alu padami and others versus union of India and others. Next paragraph. Hence writation is not entertained and same is dismissed. Stop.

[01:03:45]Court has power to kind this order shall not recruit the petitioner to approach the jurisdictional magistrate in pursuit of remedy.

[01:03:56]>> The f I have already gone personally and then they have refused it. Mil next matter >> the post have been also refused.

[01:04:03]>> No they are not listening.

[01:04:04]>> Item number 14 approach the jurisdiction state for that rejurisdiction should not be invoked. Yes.

[01:04:14]Advocate on advocate on record asking me to asking for the adjunment loy for one day.

[01:04:21]>> At the time of call accommodation is for the petitioner >> for the petitioner.

[01:04:27]>> At the time of call accommodation is prayed for on behalf of the petitioner.

[01:04:30]Stop. Hearing of this matter stands urgent. Stop. List the matter under the heading motion in the monthly combined list of July 2026. Stop. Uh land advocate for the petitioner is directed to serve notice upon all the respondents by one week after ensuring summer vacation and file affidate of service on the next date.

[01:04:53]>> Item number 15.

[01:04:55]>> Item number 15 state respondent mist not and other services are also not complete >> month list of June. uh month list of June.

[01:05:10]>> No.

[01:05:12]>> So kindly give a direction copy to the state. Unless there is given they will not at the time of call learned advocate representing the petitioner press for accommodation to file to to serve notice upon the respondents. Next par advocate for the petitioner is directed to serve notice upon uh respon the respondents including the state respondents by uh 10 days from date and file affidavit of service on the next date. List the matter under the heading motion in the monthly combined list of June 2026. Next >> item number 16.

[01:06:11]>> 16 on behalf of the private >> you >> private respondent number five agency.

[01:06:17]>> The agency is this private respondent has illegally vandalized my home twotory m house. I made a representation to the OC of Nandukma police station. Then I appeared before the superintendent of police but no action has been yet taken.

[01:06:30]>> What action you are praying for registering of FIR?

[01:06:32]>> No my lord I'm praying for the police protection me because I I want to stay into my own house.

[01:06:36]>> Civil suit is pending interview injunction vacated thereafter preferred appeal. This is pending before the learn ADJ.

[01:06:45]>> This is my home state act my lord. This is my home state land my lord.

[01:06:49]>> My lord I have also got the land from the home state part. My father has got it and in his lifetime he has made the house mailer.

[01:07:05]But where is where you have prayed for uh extending protection by the police authority? Where is the prayer?

[01:07:13]Only prayer to take steps on the basis of your complaint. This is the >> that means that mean registering of FIR.

[01:07:24]Where is your prayer for granting um protection?

[01:07:29]Come to prayer page 10 prayer.

[01:07:34]My lord consider and dispose of the petitioner's application. This is the prayer.

[01:07:57]I could understand that if you have prayed for a direction upon the concerned police authorities to provide uh security, safety and security by debuting police personnel. Where is such prayer?

[01:08:10]Liberty. Liberty cannot be granted for amending the prayer.

[01:08:19]>> Then kindly ask >> appears from the prayer that you are praying for a direction upon the police authority to register your AI that is not permissible by filing a retition under article 226.

[01:08:30]So therefore you approach the jurisdictional ministry and uh uh raise your grievance if your complaint is unattended.

[01:08:40]My last uh can I get a interim release me because I I want to explain to my own on Peru's on hearing the learned advocates representing the petitioner and you are representing respondent number >> five and six >> five and six that grievance of the petitioner is inaction on the part of the police authority in taking steps based on the complaint lost by the petitioner.

[01:09:07]system.

[01:09:10]In other words, prayer is made in the uh in other words um in other words um petitioner has prayed for direction upon the consent police authorities to register an effort. Next paragraph uh there is an alternative remedy available to the next paragraph. There is an alternative remedy available to the petitioner under section 175 within bracket 3 of Nagurik Shuraka Shitra by approaching the juris 2023 by approaching the jurisdictional management stop. In this regard reliance is placed on the judgment of alopadami.

[01:09:47]Next paragraph hence petition is not entertained and same is dismissed. Next.

[01:09:53]However, this order shall not preclude the petitioner to approach the jurisdiction manate in pursuit of remedy.

[01:10:02]Take it back. Take it back.

[01:10:12]>> Item number 78.

[01:10:14]>> I'm for the petitioner.

[01:10:15]>> I'm appearing.

[01:10:16]>> What is the agency?

[01:10:18]>> Petitioner is the owner of a plot of land. I purchase the plot month list June sub notice property display and next one is also same on the property list month list of June >> item number 18 >> let let it be called on item number >> I'm appearing >> item number 18 >> number five and six >> 18 month list of June item number 19 >> item number 19 >> or status or not >> state anybody's appearing state is not appear.

[01:10:50]>> You are appearing in 17 and 18.

[01:10:53]>> Both are to appear in the month list of June. Then 19. Yes.

[01:10:56]>> 18. I'm appearing for respondent number five and six.

[01:10:59]>> 18.

[01:11:00]>> 18.

[01:11:00]>> Month list of June. Come back.

[01:11:05]>> Yes. Item number 19.

[01:11:10]At the time of call, no one appears for the petitioner and no accommodation is paid for. Stop. In order to grant one more opportunity to the petition and hearing of this matter stands agent.

[01:11:19]Stop. List the matter under the same heading for further consideration on 19 uh 20th May 2026.

[01:11:32]Next >> item number 20.

[01:11:40]>> This is my application.

[01:11:44]This is my >> What is the agency?

[01:11:46]>> There is a civil dispute.

[01:11:48]>> Month list of June serve notice. No order.

[01:11:56]>> Item number 21.

[01:11:58]>> I'm the petitioner.

[01:11:59]>> U petitioner is a victim of oxo case.

[01:12:02]The has been registered.

[01:12:53]Item number 22.

[01:13:02]Yes. Who is for the petitioner? You are for the state.

[01:13:06]>> Private state. Private.

[01:13:09]At the time of call, no one appears for the petitioner and no accommodation is paid for. However, respondent numbers >> 11 11 is represented by land advocate. Next paragraph hearing of this matter and in order to grant one more opportunity to the petitioner hearing of this matter stands at stop list the matter under the same heading for further consideration on 20th May 2026.

[01:13:40]Item number 23.

[01:14:10]At the time of call, no one appears for the petitioners and no accommodation is paid for. However, uh paid for hearing of this in order to grant one more opportunity to the petitioners. Hearing of this matter stands agent.

[01:14:25]This is a comprehensive deed petition filed by the deed petition against the port against diverse police stations where properties are secured. Now two things are there service not completed and second the state is also cannot represent >> come back after vacation in the month list of June >> after vacation any date >> why is the urgency >> urgency is that many properties are locked. Yes, probably >> we me I have port trust has received the eviction order. Now in spite of the evictions they will go >> from the estate officer.

[01:14:57]>> Estate officer >> from the estate officer. Now me the lordship knows Portrust is the largest landlord in the state.

[01:15:03]>> Now you are seeking a direction upon the police authority for execution of >> multiple multiple order of the state officer. Multiple orders me it's a huge land is locked me without police assistance we could not >> headquarters are there yes some there are >> so then you have to serve notice upon the persons who have occupied this land >> well that I I will do mad because most of the cases >> where where the parties are represent where are the parties who have encroed the land in question >> that I will satisfy your lordship later mullet kindly m take the matter in the month of June Any day convenient to your lordship? Any day convenient to your lordship?

[01:15:44]>> When the order was passed by the state officer, there are different orders.

[01:15:47]>> Yes. What was the last order?

[01:15:49]>> That I have to see. That I have to see.

[01:15:52]My today service is not completed. That is why I am >> sir. Yes. Please come back. Please come to page 147 18 January 2021.

[01:16:01]>> Yes. This evictions order. There are multiple.

[01:16:04]>> So what is the emergency? Yes.

[01:16:07]2021 order you are coming in 2026 there are total 111 order yes last order is 21 prior order previous order Saturday of 2018 absolutely >> at the time of call Mr. Nag learned advocate representing the state representing the uh representing Shama Shapad Mukhar Gi representing Shama Prasad Mukhar Gi Port being uh being the petitioner being the petitioner uh comma has prayed for accommodation to effect service of notice upon the respondents hearing of this matter stands agent learned advocate by the petitioner is directed to serve notice upon the respondents by uh two weeks after ensuing summer vacation and file evidence of service on the next date list the matter under the heading motion in the monthly combined list of July 2026 will be too late you have to serve notice by 10 days that I can time that I can do the two weeks to 10 days June 2026 I'm grateful grateful last order is 2021 mr I know my I tell you prior order started from 2008. I know my lordship what happens there are 111 orders that is my we could not do anything so much public area is now occupied that is the problem.

[01:17:48]fix.

[01:17:53]Oh, yes.

[04:36:37]3pm fix matter item number 24.

[04:36:41]>> I have already completed my submission.

[04:36:43]Lord asked me to take instruction regarding that Bumika Singh's matter that is still pending. Lordship.

[04:36:48]>> Yes. Just a minute.

[04:37:03]February >> is what you are submitting >> lordship lordship asked me to take instruction for the bumika Singh's matter whether any other order has been passed or not the matter is still pending the only order which I have placed before your lordship >> so far this court is concerned >> yes dispose of this matter >> yes lordship and lord ship. One thing I have indicated the date which was a later date. These are the letters we have received numbers of vacancies >> that is you have disclosed in your FDI.

[04:37:41]Uh they have um high court administration has disclosed.

[04:37:46]>> Yes. Yes. Yes. Yes. Still I have given lers letters.

[04:37:55]This is not required because you have initiated the proceedings recruitment process on the basis of uh this two letters which were disclosed in the affidavit of high court administration. Page 15, page 14 and page 15. So far page 14 is concerned. It is in relation to uh WBJS examination 2023.

[04:38:30]First letter was issued on 27th June 2023. It stood modified with a subsequent letter dated 19th October 2023.

[04:38:39]And another is letter is dated 5th March 2025 in relation to WBGS examination 2024 which uh in this regard first letter was issued on 19th April 2024 which took modified video later 5th March 202.

[04:38:56]>> Yes lordship only in the chart I have written >> based on which you acted upon. Yes Lord ship only on the chart I have written a wrong date lordship it would be 14th November 24 on the basis we have uh published the indicative exam uh advertisement >> 14 November >> 14th November 24th lordship can keep this corrected chart >> yes in this chart which uh date the column dates maintained by the commission for 2024 Four.

[04:39:33]>> First page. Lordship.

[04:39:35]>> First page. Advertisement 19, 2023.

[04:39:40]>> Lorship. Uh dates maintained by the commission for 2024. It would be 14th November 24.

[04:39:46]>> There is a Westbang judicial service examination 2023.

[04:39:50]>> 24.

[04:39:52]There is no in the same chart. It is written lash by mistake I have written 2nd April 25 >> received on 2nd April >> it would be it would be 14th November 24 should be 14 November Beautiful.

[04:40:39]>> Yes.

[04:40:48]>> Yes. What is your submission?

[04:40:51]Due to there was a substantial delay in subsequent notifications the recruitment process was that is >> yes may I proceed?

[04:41:08]>> No you have to give reply.

[04:41:09]>> Yes >> only with regard to their submissions nothing else >> I have noted their submission I have I'll be giving >> no fresh submission. No, no, no fresh submission. I only just countered their submissions because they have stated certain things.

[04:41:22]>> No new submission.

[04:41:24]>> Oh, no new submission.

[04:41:25]>> Yes.

[04:41:28]>> But they have quoted certain provisions of the rules also. Hello. First my may I just my first humble submission before your lordship is this that nine paragraph 9 of Roman 9 of paragraph 89 was discussed that initiated 2025 >> in initiated by the high court that was the contention extensively that high court had initiated so PS initiation of PSC will not be the issue initiation of the high court that was unanimously submitted by the respondents. Now my lord kindly take Malik Mazutan paragraph 5 which recognizes two types of recruitment process. One conducted by the high court, another conducted by the public service commission. Both paragraph five at page 705.

[04:42:35]>> Yes, paragraph five.

[04:42:36]>> Five. May I just place it before Lord?

[04:42:38]>> Are you submitting that uh court supreme court was not aware of this difference?

[04:42:44]>> No, my submission is it cannot be the contention of the honorable Supreme Court that it is only applicable to the >> Supreme Court was aware of >> that is my submission.

[04:42:52]>> In spite of that this direction was given.

[04:42:54]>> My humble submission is that Supreme Court was aware of this that it it is conducted by both the high court and the PSC. Till this direction was given >> has been used as a generic expression that it does not mean we cannot read paragraph Roman nine excluding the recruitment to be conducted by the PSCs initiated by high court is a generic observation made by the honorable supreme court. Therefore my lord if it is read in other way it would be contrary to Malik Maza Sultan itself. It cannot be just the line I'm reading one line. It says >> paragraph five >> paragraph five plum f my lord. We may however note that progressively the authorities concerned would consider discuss and eventually may arrive at a consensus consensus that the selection process be conducted >> classm FG onwards >> FG onwards >> page 705 >> 705 >> yes yes >> eventually may arrive at a consensus that >> yes yes G that's ambassador MG.

[04:44:00]>> Yes, my lord. President MG discuss and eventually >> we may however note that >> we may however note that progressively the authorities concerned would consider discuss and eventually may arrive at a consensus that the selection process be conducted by the high court itself or by the public service commission under the control and supervision of the high court. This is very important under the control and supervision of the high court. So it was never the contention of the paragraph.

[04:44:26]>> Please read subsequently.

[04:44:27]>> Yes. Yes. Reference can be made to the decision taken in a conference held between the chief justices and the chief ministers minutes whereof show that in some of the states selection of subordinate judicial officers at all levels of civil judges is already being made by the high courts. Some states where selection is still being made by the public service commission. We are agreeable to entrust the selection to the high courts. Var chief minister ministers of Himachal Pradesh, West Bengal, Punjab and Kerala were of the view that the present system may continue but the decision taken jointly was that in these said states Himachal Pradesh, West Bengal, Punjab and Kerala setting up of question papers and evolution of answer should be interested to the high court. Further decision taken was that in other states where selection of subordinate judicial officers is not being done by the high courts. So not only not only it is to be forwarded but in the question papers and everything is to said by the high court corrected by the >> it is a proposal it is to be done.

[04:45:24]>> No this is done.

[04:45:25]>> Yes >> this is in effect done.

[04:45:27]>> Yes my sub respectful submission before lordship is that two types of >> you may not be aware of that this question papers are same. I know that and these are answer scripts are corrected by >> yes yes I know that I'm aware of it. So not only not only this that notification of vacancies is to be forwarded there are other roles performed by the high court. So played but in the present case that is not relevant we are concerned with regardation. Now initiation now this initiation if it is initiated it is conducted by the high court it is to be initiated as per the high court's documents. If it is conducted by the public service commission the law is well settled. initiation is from the date of advertisement >> that you have submitted.

[04:46:09]>> No, that is why if we read these two paragraphs, it will go contrary. It was never the intention of the honorable Supreme Court in paragraph Roman 9 to exclude the recruitment process conducted by paragraph 899 uh of the judgment that 20th May 2025 Supreme Court did not de make any distinction in between two different types of submission selection process rather supreme court directed the high court.

[04:46:34]High Court that is in generic sense it is not that excluding the public service commissions. Now the initiation if it is done by the public service commission that is from the other point yes I have other points but kindly allow me because they have stated certain rules and regulations given you enough time >> the rules were submitted >> permit you to make any further >> I'm not making I'm replying they have given rule 48 and this is over this is one so it cannot be dating in contradiction so it was a generically it was one second my lord >> kindly appreciates the rule of 2004 which was relied upon by by lame friends. Kindly take rule 4A of the 2004 rules.

[04:47:16]Mr. Bengal judicial conditions of service rules 2004 a first time placing that was mentioned.

[04:47:28]Appointing authority means the governor and includes the authority empowered to make appointment to the post which a judicial officer for the timing holds or to the grade of the service in which the state said officer is for the timing in >> for that rule four you need not read.

[04:47:41]>> I'm coming allow >> you should read article 234.

[04:47:44]>> I'm coming. I have not.

[04:47:45]>> No no no it's not a new case. I'm hearing you for a long period of time.

[04:47:49]Don't be be precise because this is not required. If you read rule 34, it says the same thing that the appointing authority is the governor.

[04:48:00]>> Just allow me. I'm just because these rules were raised by them. I did not raise this. Kindly take paragraph 28 for one. Rule 28 for months. 28. What is the status of the high court? 281 sub rule one appointing authority. All appointments to the post as referred to in clause A of sub clause B one shall be made by the governing accordance with the recommendations of the high court.

[04:48:21]So high court is recommend read article 234 >> same thing is there is there is nothing significant in this rule >> I'm saying why it's significant the recommending of high court the nature of high court >> that is also stated in article 34 >> yes it says consultation of the government in consultation with the high court and the state government >> judicial department >> high court is only recommending authority it does not initiates it only recommends as per the >> yes any other thing >> yes it's getting difficult No, you have made elaborate suffuch a huge matter.

[04:48:54]>> Why you should be precise?

[04:48:55]>> It's such a huge matter. My lord, I need to be specific on that. My kind huge matter. I I have heard it for quite some time. It's not very >> my lord kindly take the matter which requires 100 days hearing.

[04:49:07]>> Yes. No, >> I'm not saying 100 days. My lord, kindly take then Malik Mazutan paragraph D that >> you have placed it.

[04:49:14]>> No, no. I Well, this way it is getting very difficult.

[04:49:16]>> You have placed it. I have during course of submission you have relied upon Malik Mazar. Now you have relied upon uh and I this paragraph five I have considered paragraph 70 I have >> repeating my submission I'm saying why because they have submitted they have read differently Malik Mazar kindly allows me at least my lord kindly appreciates my predicament >> anything with regard to their submission what difference they have stated that in paragraph five there is a difference with regard to initiation of selection process for high court and other other is concerned 70 I'm not submitting even that I kindly appreciate allows me to make my submission. Paragraph D1 says >> 15 minutes I have said last occasion not more than that >> in this 15 minutes I am being they have submitted your last >> I have allowed to more than the everybody >> I need to respond to them >> 15 minutes yes yes kindly come to 15 minutes allows me to make my submission >> already 16 316 >> they have yes yes yes >> paragraph 1 D1 page 709 Malik >> yes what does it say >> number of vacancies to be notif notified by the high court. It is to be notified now kindly check their affidavit the document I'm placing before. Can you see the kindly page 14 of the affidavit submitted >> there? High court.

[04:50:37]>> This is yes my high court's epid page 14 based upon which there was so much of deliberation that high court initiated. Kindly see >> it is not in conssonance with Malik Mazutan because this is notification of vacancies. Kindly see my lord. Subject first of all it is an inter it is a departmental document from the register to the principal.

[04:50:58]>> I have seen these documents at least on five occasions. Please tell me what you want to don't place it what you want to submit.

[04:51:05]>> That's what I'm trying to submit.

[04:51:06]>> Yes. You need not read this document. I have seen >> I need to show this way. I >> Yes. What you want to submit? What you want to submit on this document?

[04:51:13]>> I'm submitting that.

[04:51:14]>> Yes. Don't read this.

[04:51:16]>> Kindly see the subject reporting of revised. This is only reporting of vacancies. This is notification of vacancies as per it says kindly see the second paragraph vacancies in total number 23 clear >> I have read this document at least on five occasions please don't read it so according to this is not a notification but reporting of vacancies >> it is says it is to be notified >> yes >> so this date cannot be taken >> yes yes anything more >> this date cannot it says it is to be notified in the >> yes I have heard you anything more >> it is not in conssonance with paragraph One third point >> 15 minutes finally allows me my lord 15 minutes.

[04:51:54]>> Third point, five point >> the next also the 2004 it also said it will be confirmed and be reported. So this is not in terms of 1 D1 of Malik Maza Sultan which says vacancies to be notified. This is not notification. This is an interdep departmental communication which says it's only a reporting. It is not notification. So these dates these dates do not come in the way. This cannot be taken into consideration.

[04:52:19]>> Yes. Anything more?

[04:52:26]>> So far the judgment of the praash which was stated that it is under 229 and is not 234.

[04:52:33]Even if we take into consideration for the timing we consider that the judgment is not applicable in the case. In that case the AP versus AP versus Sach Chandra comes in May. It is also was done by the public service commission that was under >> but AP versus Chandra was considered in subsequent judgment of um >> yes I have that I'm submitting >> subsequent judgment that I have indicated you paw Singh Pawan Singh yes I have >> Pawan Prattab Singh Pavan Prattab Singh I have considered what I'm submitting that this distinction >> depends upon the nature of recruitment rules >> what I'm submitting yes praash seven judges bench has laid down the princip >> five judges >> I'm sorry five judges has been has laid down the principles. These principles cannot be applied separately for 229 or 234. It is a generic complete guideline.

[04:53:21]It cannot be said just because it is under 229 these applications these guidelines will be followed but for 234 these guidelines will not be followed.

[04:53:28]That initiation would not be from the date of advertisement. If >> respective of 229 >> or 234 these principles applies.

[04:53:35]Moreover, for the timing, if we consider their submission is to be correct, then AP versus Sharachandra, it is specifically observes that it is the initiation point is the date of advertisement which is was done by the public service commission and this comes under 234.

[04:53:49]Next my lord, new submission I will not disturb you but that that should be confined to their submission but those documents you have placed it other side has placed it nothing more to be read. document can be read in different ways my lord after hearing their >> but that that not in reply >> I'm not responding >> yes that not in reply Mr. ID you should not have any grievance with regard to the opportunity which at least reply at the reply >> that is not in reply >> at the reply >> in reply you are not required you are not you will not be permitted to open a new case >> the way they submitted I need to respond to that >> any yes I have now my lord kindly appreciates the public service commission if lordship kindly takes the advertisement for once They stated why this indicative advertisement was issued.

[04:54:51]Kindly take page 30 of the repetition.

[04:54:53]The it was submitted novel submission.

[04:54:55]>> I have read it. Yes.

[04:54:58]>> Yes. You submit you make submission.

[04:54:59]It's not request to be >> says no age they this was pointed out by them. I did not point it out. I need to >> that recons with the date of indicative advertisement.

[04:55:09]>> That is my submission. It says not less than 23 years and not more than 35 years on the date of advertisement not indicative advertisement >> that was clarified subsequently on 23rd of August.

[04:55:20]>> This clarification comes subsequently.

[04:55:22]>> Yes, not subsequently. 15th of August, 23rd of August. See the clarification.

[04:55:27]>> Yes, that is it is after the indicative vacancy. This is after this main advertisement.

[04:55:30]>> After the main advertisement 20 main advertisement on 15th of August clarification was on 23rd of August.

[04:55:36]>> 23rd of August. So subsequently that's what clarified.

[04:55:39]>> So they said that it is the not less than from the date of advertisement and the recon to the clarification.

[04:55:44]>> Yes. Yes. I've seen I'm submitting that now.

[04:55:47]>> So that has been clarified.

[04:55:48]>> They are referring to the advertisement.

[04:55:50]They are not saying indicative ad if you not trouble >> that point you have taken.

[04:55:54]>> I did not take this point. I I did not have the opportunity.

[04:55:56]>> On advertisement you have taken it enter day. No, I am submitting. They submit.

[04:56:00]>> Anything more? Anything more?

[04:56:14]>> And in their affidavit they said that this indicative advertisement is a prelude to the advertisement. This prelude I can show you possibly. Rashi will not go into that. I do not know.

[04:56:25]They said in their affidavit that it is the prelude to the advertisement. There is no concept of prelude to the advertisement in the eye of law. Nowhere in the service jury students prelude to an advertisement as is not recognized. I can show from their paragraphs. They have stated if your so wishes I can place.

[04:56:42]>> No, it's not. You have made submission on this point.

[04:56:44]>> This prelute.

[04:56:45]>> Yes. On this point you you may have forgotten but you have made submission.

[04:56:49]Maybe >> that it is nothing indicative advertisement advertisement dated at 15th of August to be reconed with for for the purpose of initiation of discipline >> submitting prelude. They have stated in their affidavit prelude is not the prelude cannot be done.

[04:57:03]>> Yes, that is that is that is what you are clamoring for a for a long period of time.

[04:57:09]>> Possibly not. I beg to defer my lord.

[04:57:10]>> Yes.

[04:57:12]Lastly my since uh I there was no point in making any other submissions since my lord so for the point that whether the petitioner why did not >> indicative advertisement is not prelude to main advertisement >> I am saying there is no concept of prelude to the advertisement there has to be advertisement no prelude a previous some sort of document >> which is impermissible >> which is impermissible prelude can there is no prelude to the advertisement Yes, last my lord this uh the point that why I part it had fallen from your lordship because obviously I could not raise this point for your lordship your lordship said and even the PSC also submitted that why did not he participate what is the bar he could have participated and then no malot I'm squarely covered by the supreme court judgment which says it acts as an estop for me >> today that it will you have given >> because in the interim order I have indicated this today I will not permit you to rely upon any judgment.

[04:58:11]>> I have given you copies previous in that event I have to grant them opportunity.

[04:58:15]>> I have given previously copies to them in advance.

[04:58:18]>> You have not made submissions before this court. I have taken detailed note.

[04:58:21]>> Yes, they have also sub.

[04:58:22]>> No, I'm not permissive Mr. L.

[04:58:24]>> Very well. Very well.

[04:58:25]>> Because I have refused in order on certain grounds. One of the ground which is that you are an eligible candidate.

[04:58:33]>> Very well. In spite of that you you were given an enough detailed opportunity uh to make submissions then you did not take point. So now in in reply if I permit you to rely upon the judgment then I have to give them opportunity to deal with the judgment that this court will not certainly >> take considers my oral submission. Yes, >> that the law is well settled that it acts as an estoppel if a candidate participates knowing the condition and then challenges it. It's actually >> that point you have taken from the very beginning that if I would have participated in the selection process I would be a stopped from raising >> knowing the condition that three years is >> so the initial stand of my locus on that point I have taken >> yes for that there I'm not >> at the motion stage also you did take and during the hearing final hearing also you have taken >> yes that these are the supreme court judgments I'm not sensely upon any supreme court today >> today very kindly appreciates my submission Consider my submission. It acts as an SOP knowing the condition. If I had not known then it would come >> that you have taken.

[04:59:38]>> Yes.

[04:59:42]>> On query to you raised by this court you took this point that if I would have participated in that event I would have stopped from challenging the >> they would have said that you were an unsuccessful candidate. You understood then you are >> after participation >> participation you realize that you did not farewell in the examination. you don't have the uh authority to challenge >> challenge because you have understood that you have you have not succeeded properly or you have not given a good examination now you're coming and challenging yes >> so on that pest plus a stop yes >> that I'll be stop knowing the condition and so far the delay is concerned my lord that the timeline I have found out there was no subject to correction by my yes the coming their delay they >> that point you have not taken in your s >> they submitted why there was a delay in that >> that is not your issue that court asked them you have not agitated this point by it's a it's a point of fact point on factur not stated in the report during argument >> therefore you are not required to deal with it >> during argument >> I asked them that why Malik Mad Sultan was not followed then they answered today that these are the points but that is not the case made out in the tradition is this is the point on fact today you are in absence of any ament in the repetition. Don't try to expand.

[05:01:03]>> I'm not trying to explain. I do not know whether this point will go against me or not. But since it came up during the argument, >> this point was not perhaps known to the petitioner because this Malikmada Sultan was indicated by this code.

[05:01:15]>> Yes. Yes. Absolutely. That's only thing that since during argument this came up.

[05:01:18]This says the single bin judgment was disposed dismissed on 18th of March 2025.

[05:01:23]>> So initially >> not an issue before this court because you have not raised this issue on it. It is for them. Please don't make any submission in reply.

[05:01:31]>> Yes.

[05:01:36]Had it been had this point been taken in the repetition, I could understand.

[05:01:39]>> I had no scope to take this point.

[05:02:02]These are my respectful submission. Most of the point you have touched while addressing this code at the time of hearing me hearing this only something which must be connected to their reply not beyond their reply. But at the same time you are not you are also um you will not be permitted to take the point on factual aspect uh when in the rich petition those facts are not agitated >> I'm not taking I mean only on the point that they have said that is a reporting of is not even it is to be notified that you have >> yes in terms of malikma D1 so that I had >> not a reporting of >> this is not reporting it is an interdep departmental that is my respectful submission for >> so according to you what should be the reporting of vacancy >> like all other states they perform there is a specific notification coming the reporting of >> notification >> it comes that there these are the vacancies available for this post it comes in that fashion >> I I I am trying to assertain from you that what should be the appropriate notification >> in public domain there notification is there notification comes that these are the vacancies >> notification in what form >> notification >> this is being done for a quite long period of time >> no I would have realized if the high court issued at communication or any authority that these are the >> vac communication of high court.

[05:03:21]>> It says otherwise the reporting it is not it is not >> what should be the appropriate reporting in terms of Malik Maza general is was communicating departmental >> department principal principal secretary judicial department what should be the appropriate notification in that >> what modalities they would follow it is their decision I cannot enter into that but as for Malik Maza Sultan it clearly says number of vacancies to be notified by the high court uh why it is to be found. It is being found that it is not a notification in terms of for 7D paragraph 7 maz D1 >> paragraph 7D.

[05:03:57]>> What are the features of this uh other features which are required to be there in the notification?

[05:04:02]>> It says firstly number of vacancies to be notified by the high court. First of all, this is not at all a notification.

[05:04:08]an interdep departmental communication subject register journal is writing to the principles and stating that um I'm not saying all these things since you are in reply stating this into account 23 clear and 31 anticipated vacancies anticipated two hour to occur in the year 2023 54 vacancies total may be may be notified in the cutter of civil judge be notified. So this is not >> indeed be notified. Why? There was a previous notification dated at 27th June 2023 which stood modified by subsequent notification 19.

[05:04:49]>> So the final vacancy ought to have been notified.

[05:04:51]>> So it it is a notification in for the purpose of filling up the posts of civil junior division. But the subject >> that is the usual practice >> reporting of revised number of vacancy it's a reporting between one department to another subject >> has been pleased to direct that taking into account 23 clear and 31 anticipated to occur in the year 2023 54 vacancies in total may instead be notified.

[05:05:18]>> Be notified my lord it is to be notified.

[05:05:20]>> Notified means in the advertisement it is to be notified.

[05:05:25]>> And this was never in public domain. In the advertise it means in the advertisement it is to be notified not by from the high court side.

[05:05:35]So the law is >> high court from high court from the end of high court it is the final notification.

[05:05:41]>> Why this this amendment was required?

[05:05:43]Because due to influx of time there might be generation certain certain vacancies arose.

[05:05:50]So in order to club all the vacancies for the in connection with 2023 selection process this modified vacancies were required to be issued.

[05:06:01]>> That is what notification is required to be issued >> in public domain. There is no vacancy notification. Your lordship is saying in the final advertisement it should come in according to lordship but my respectful >> notification of vacancy or vacancies are to be notified in the advertisement that these are the tentative vacancies. These are the these are the anticipated vacancies and these are these are the clear wages.

[05:06:21]>> Then in that case my submission stands that it starts from the actual advertisement not any inter departmental document. But this is a notification in terms of 7D.

[05:06:31]>> But in terms of >> no other no further notification is required to be issued as per norms in terms of Renu and Amitav it is specific it starts from the advertisement even AP versus Shalat Chandra that it starts from the advertisement not from this this my respectful submission. Hearing concluded judgment result.

[05:07:02]>> Yes.

[05:07:46]What happened?

[05:07:49]Uh I'm 15 minutes not more than that.

[05:07:52]No, I get so much of