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2009 DIGILAW 430 (SC)

M. K. Balakrishnan v. Union Of India

2009-02-26

B.SUDERSHAN REDDY, LOKESHWAR SINGH PANTA

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ORDER : 1. This Court on 20-1-20091 passed the following order: (SCC p. 138, paras 1-2) "1. In this public interest writ petition, this Court in the year 2001 issued notices to all the respondents directing them to submit their counter-affidavits to the writ petition. Despite repeated adjournments sought by the learned counsel for the respondents, no counter-affidavit(s) has been filed by some States and Union Territories. 2. Today, the learned counsel appearing on behalf of the defaulting respondents have again prayed for further time for submitting their counter-affidavits. Looking to the nature of the public interest expounded by the petitioners in this writ petition, we, by way of last chance, are obliged to grant four weeks' further time from today to the defaulting respondents to do the needful. In default of not complying with this order, Chief Secretary of the defaulting State/Union Territory shall remain personally present in this Court on the next date of hearing." 2. The office report dated 25-2-2009 submitted by the Registry of this Court reveals that pursuant to our order, certified copy of the record of proceedings was issued to all the States and Union Territories for compliance vide Registry's letter dated 27-1-2009. Pursuant to the abovesaid order most of the States and Union Territories have filed their counter-affidavits/responses. 3. The States of Andhra Pradesh (Respondent 2), Goa (Respondent 8), Haryana (Respondent 9), Karnataka (Respondent 12), Maharashtra (Respondent 15), Uttar Pradesh (Respondent 26) and Government of NCT of Delhi (Respondent 6) have not complied with the aforesaid order and have failed to file their counter-affidavits/responses. 4. Today, Mr. I. Venkatanarayana, learned Senior Counsel appearing for the State of Andhra Pradesh; Ms A. Subhashini, learned counsel appearing for the State of Goa; Mr S.W.A. Qadri, learned counsel appearing for the Government of NCT of Delhi; and Mr Sanjay R. Hegde, learned counsel appearing for the State of Karnataka have prayed for some more time to file the counter-affidavits/responses of their respective States. 5. No one appears for the States of Uttar Pradesh, Haryana and Maharashtra, nor have these States complied with the order dated 20-1-2009 of this Court. In these circumstances, let notice be issued to the Chief Secretaries to the States of Haryana, Maharashtra and Uttar Pradesh to be personally present in this Court on 26-3-2009 at 10.30 a.m. 6. 5. No one appears for the States of Uttar Pradesh, Haryana and Maharashtra, nor have these States complied with the order dated 20-1-2009 of this Court. In these circumstances, let notice be issued to the Chief Secretaries to the States of Haryana, Maharashtra and Uttar Pradesh to be personally present in this Court on 26-3-2009 at 10.30 a.m. 6. The States of Andhra Pradesh, Goa, Karnataka and Government of NCT of Delhi are permitted to file their respective counter-affidavit/response within three weeks from today. We make it clear to the counsel appearing for these States that in case their counter-affidavits/responses are not filed within the stipulated period, the respective Chief Secretaries of these States shall also remain personally present on 26-3-2009 at 10.30 a.m. 7. The learned counsel for the petitioners is permitted to file an application for impleadment of the newly created States of Uttarakhand, Jharkhand and Chhattisgarh. 8. List this matter on 26-3-2009.