Pathan Agencies, A Proprietary Firm v. The State Of Telangana

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION Nos.20850, 21159, 21283, 21746, 21777, 21902, 21987, 22127, 22174, 22271, 23313, 23356 and 23709 of 2020 COMMON ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma) Learned counsel for the parties have informed this Court that the controversy involved in the present cases has already been adjudicated on account of an order passed by this Court in W.P.No.19928 of 2021 and batch, dated 30.11.2021.

The operative portion of the aforesaid order reads as under:- "(55) The Division Bench of the Bombay High Court has dealt with all the issues, similar to the issues raised in the present writ petitions. In the considered opinion of this Court, the question of interference by this Court in respect of Notification which is bound to save human lives cannot be faulted with in any manner.

The entire globe is facing COVID-19 pandemic and the death rate on account of gutka/pan masala and other tobacco products is more than the deaths which are taking place on account of pandemic. The people are suffering from cancer and other diseases and the restriction imposed is in larger public interest and is a reasonable restriction and in no way offends the right to carry on trade guaranteed under the Constitution.

(56) In the light of the aforesaid, this Court does not find any reason to interfere with the impugned Notification and resultantly, the writ petitions are dismissed. Miscellaneous petitions, if any pending, shall stand dismissed. There shall be no order as to costs."

In the light of the aforesaid, the present writ petitions also stand dismissed. The judgment delivered in W.P.No.19928 of 2021 and batch shall be applicable mutatis mutandis in the present cases also.

Let a copy of the order passed by this Court in W.P.No.19928 of 2021 and batch, dated 30.11.2021, be kept on record in the present cases.

The miscellaneous applications pending in these writ petitions, if any, shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 08.12.2021 vs