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2024 DIGILAW 1309 (SC)

Ashwini Kumar Upadhyay v. Union Of India

2024-12-12

K.V.VISWANATHAN, SANJAY KUMAR, SANJIV KHANNA

body2024
ORDER All applications for intervention/impleadment are allowed, subject to all just exceptions. 2. The amended memo of parties will be filed within four weeks from today. 3. The Union of India, which has not filed its counter affidavit/ reply, shall file the same within four weeks from today. 4. It is noted that in Writ Petition (Civil) No. 782/2022, which seeks the implementation and enforcement of the Places of Worship (Special Provisions) Act, 1991 [For short, “The 1991 Act.”], notice was issued, vide order dated 09.09.2022. A counter affidavit/reply has not yet been filed. 5. As noted in the order dated 11.07.2023, it has been stated on behalf of the Union of India that a common affidavit in reply and response to the entire batch of cases will be filed. 6. Copies of the said counter affidavit/reply will be served on the petitioners and the respondents, who may file their rejoinder(s)/response(s) thereto within four weeks from the date of service of the counter affidavit/reply. 7. Once filed, a copy of the said counter affidavit/reply of the Union of India shall be uploaded on the Google Drive link to be created by Mr. Kanu Agarwal, Advocate-on-Record, who is the Nodal Counsel for the Union of India in the present matter. The said link will then be circulated to all the concerned Advocates-on-Record in the present case, including those for the newly impleaded parties. 8. Mr. Vishnu Shankar Jain, Advocate-on-Record, is appointed as the Nodal Counsel on behalf of the writ petitioners challenging the validity of the 1991 Act. Mr. Ejaz Maqbool, Advocate-on-Record, is appointed as the Nodal Counsel on behalf of the petitioners/intervenors who seek enforcement of the 1991 Act or are opposing the writ petitions challenging the validity of the 1991 Act. 9. All the pleadings/documents to be filed in the present matter shall also be sent to the Nodal Counsel on the email id: inrewritpetition559of2020@gmail.com. All the Nodal Counsel will have access to the said email ID to facilitate coordination. 10. This Court, vide order dated 12.10.2022, had referred to the submissions of the parties, formulating several questions of law. During the course of the hearing, it was pointed out that several other aspects and issues would also arise for consideration. 11. All the Nodal Counsel will have access to the said email ID to facilitate coordination. 10. This Court, vide order dated 12.10.2022, had referred to the submissions of the parties, formulating several questions of law. During the course of the hearing, it was pointed out that several other aspects and issues would also arise for consideration. 11. The primary issue, that arises for consideration, is with regard to Sections 3 and 4 of the 1991 Act and its contours, as well as the width and expanse of the said provisions. 12. As the matter is sub judice before this Court, we deem it appropriate to direct that, though fresh suits may be filed, no suits would be registered and no proceedings shall be undertaken therein till further orders of this Court. 13. Further, in the pending suits, no Court will pass any effective interim orders or final orders, including orders directing surveys, etc., till the next date of hearing/further orders of this Court. 14. Re-list on 17.02.2025.