Chandrakant Sapkale v. The Union Of India And Others

{1} wp518.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.518 OF 2016 Chandrakant Sapkale, Proprietor, Shradha Cable Network, Jalgaon Petitioner

Versus

Union of India & others Respondents Mr.P.M.Shah, Senior Counsel holding for Mr.Amol S. Sawant, advocate for the petitioner.

Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.1.

Mr.B.V.Virdhe, A.G.P. for Respondents No.2 to 5. CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 14th January, 2016 PER COURT:

We have perused the order passed by the Single Judge of the Andhra Pradesh High Court in Writ Petitions No.42874 and 42882 of 2015, dated 31.12.2015, as well as the order passed by the Division Bench of this Court in Writ Petition No.3280 of 2015 and other companion matters, dated 04.01.2016. It is observed in the order passed by the Division Bench of this Court that, in view of the principles laid down by the Supreme Court in the matter of Kusum Ingots & Alloys Ltd. Vs. Union of India [(2004) 6 SCC 2541] and more particularly para No.22 of the said order, the directions issued by the other High Courts i.e. Andhra Pradesh High Court and Sikkim High Court will have to be complied with within the territory of India. The Andhra Pradesh High Court had directed the respondents, including the Union of India, to extend the deadline by two months commencing from 31st December

{2} wp518.16.odt 2015. In this view of the matter, it was not permissible for the respondents to put a seal on the Control Rooms operated by the petitioner.

The Respondents are directed to deseal the Control Rooms forthwith and shall not take any adverse action for a period of two months commencing from 31st December, 2015. In view of the directions as above, Writ Petition is disposed of.

Parties to act upon authenticated copy of this order. A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp518.16