Sai Big Star Welfare Association & ORS v. State Of Maharashtra & ORS

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7182/2016 SAI BIG STAR WELFARE ASSOCIATION & ORS ..... Petitioners Through:

Mr.Mayank Kshiv Sagar, Advocate versus STATE OF MAHARASHTRA & ORS ..... Respondents Through:

Mr.Kirtiman Singh and Mr.Waize Ali Moor, Advocates for TRAI Mr.Ajay Digpaul, CGSC for UOI Mr.Yogendr Pal, Consultant for Ministry

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 18.10.2016 The Supreme Court by order dated 1st April, 2016 in Transfer Petition (C) No. 430 - 444 of 2016 had observed that having regard to similar legal questions involved in all the writ petitions that are raised before different High Courts and with a view to avoid conflicting decisions by different High Courts, it would be just and proper to withdraw all those cases pending in different High Courts and transfer the same to Delhi High Court.

The Supreme Court in the said order further held that if any case on the same legal question is filed before the High Court such case shall also be transferred to the Delhi High Court. The Registrar Generals of the respective High Courts were directed to transmit the W.P.(C) 7182/2016

records of the cases pending before the said High Courts to the Delhi High Court.

It is contended by counsel for the Union of India that the transfer petition had been filed since there was challenge in various High Courts to the systematic and phased implementation of DAS across the country.

Learned counsel for the petitioner submits that the present petition does not pertain to DAS-III or its implementation but pertains to entertainment tax.

Learned counsel appearing for Union of India on instructions from Mr.Yogender Pal, who is present in Court, also confirms that the present petition does not pertain to implementation of D-III. In view of the above, since the present petition is not covered by the order of the Supreme Court dated 1st April, 2016 in Transfer Petition (Civil) No. 430-444/2016, the Registry is directed to transmit the record back to the High Court of Judicature at Bombay. SANJEEV SACHDEVA, J OCTOBER 18, 2016 sv W.P.(C) 7182/2016