M/S Daya Lal Meghji And Company And ORS. v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4104 of 2008

1. M/s Daya Lal Meghji & Company, A Partnership Firm Duly Registered Under The Relevant Provisions of Partnership Act, 1932 Through Its Partner Shri Hemendra Kumar Dayabhai, son of Late Dayabhai Meghji, aged about 67 years, 3rd Floor, D.M. Plaza, Fire Brigade Chowk, Raipur.

2. M/s Manilal Dayalji & Company, A Partnership Firm Duly Registered Under The Relevant Provisions of Partnership Act, 1932 Through Its Partner Shri Pradeep Mirani, son of Shri Manilal Mirani, aged about 52 years, Sadar Bazar, Dhamtari.

3. M/s Bhimraj Sundar Kiri A Partnership Firm Duly Registered Under The Relevant Provisions Of Partnership Act, 1932 Through Its Partner Shri Dhananjay Kiri, S/o Shri Sunder Lal Kiri, aged about 40 Years, Gurur, District Durg.

4. M/s Bhagwati Bidi Manufacturing Co. A Partnership Firm Duly Registered Under The Relevant Provisions Of Ppartnership Act, 1932 Through Its Partner Shri Vivek Patel, S/o Shri Vipin Chand Patel, Aged 28 Years, Bastar Raod, Dhamtari.

5. Hemedra Kumar Dayabhai, son of Late Dayabhai Meghji, aged about 67 years, resident of Manik Bhawan, Near City Kotwali, Raipur. ---- Petitioners

Versus

• Union Of India Through- The Secretary, Ministry of Health And Family Welfare, Department Of Health, Nirman Bhawan, New Delhi ---- Respondent For Petitioners :

Shri B.P. Sharma, Advocate.

For Respondent No.1/UOI :

Shri B. Gopa Kumar, Assistant Solicitor General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 14.02.2019 1.

Heard learned counsel for the Petitioners and the learned Assistant Solicitor General for the Union of India.

2.

The issue raised in the present writ application while assailing the gazette notification dated 15.03.2008 is no longer res-integra keeping in mind what the

Hon'ble Apex Court had already had to say on such issue, one of such case is Health for Millions Trust vs. Union of India & Others reported in 2018 (1) Scale 147.

3.

The duty and obligation cast under the law including the declaration and direction issued by the Hon'ble Supreme Court shall govern the issue. 4.

Writ application stands disposed off in terms of such a declaration of law. The obligation upon the Petitioner flows from the law of the land as it stands today. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan