THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.P.Nos. 20212, 20241, 20263, 20308, 20582, 21154, 21225, 22538,
26535, 26555, 27381, 27611, 27673, 27960, 32684 and 32734 of 2022
COMMON ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Y.Bala Murali, Mr. Praveen Kumar Veerjala,
Mr. S.Chandrasekhar and Mr. D.Y.L.N.Charyulu, learned counsel for
the petitioners; Mr. Murali, learned Assistant Government Pleader
for Medical Health appearing for respondents No.1 & 3;
Mr. T.Srikanth Reddy, learned Government Pleader for Home appearing for respondents No.2, 4 & 5; Mr. K.Raji Reddy, learned Senior Standing Counsel for the Commercial Tax Department appearing for respondent No.6; and Mr. B.Mukherjee, learned counsel representing learned Assistant Solicitor General of India for respondents No.7 & 8.
2. In all these writ petitions, the prayer made is for declaration of the notification bearing No.501/FSS-I/2022 dated 07.01.2022 issued by respondent No.3 as illegal and ultra vires the Cigarettes and other Tobacco Products (Production of Advertisement Regulation of Trade and Commerce, Production, Supply and Distribution) Act, ::2::
2003 as well as in violation of Articles 14, 19 and 21 of the Constitution of India.
3. It may be mentioned that similar notification was issued in the year 2021, which was put to challenge before this Court in W.P.No.5444 of 2021. By the judgment and order dated 15.03.2021, the said writ petition was dismissed. Against such dismissal, S.L.P.No.20441 of 2021 has been filed and it is pending before the Supreme Court.
4. During pendency of the aforesaid SLP, the impugned notification bearing No.501/FSS-I/2022 dated 07.01.2022 came to be issued. By order dated 31.03.2022, Supreme Court has stayed the impugned notification dated 07.01.2022.
5. Learned counsel for the petitioners have made a grievance that despite the notification being stayed by the Supreme Court, yet the petitioners are being harassed by the local police authorities by interfering with their day-to-day businesses.
::3::
6. We make it clear that since the entire matter is before the Supreme Court, it would not be proper on our part to have a parallel adjudication as the order of the Supreme Court would be binding on all courts and authorities. Since the Supreme Court has stayed the impugned notification vide the order dated 31.03.2022, respondents shall comply with the said order of the Supreme Court in letter and spirit.
7. If any of the petitioners feel that the stay order of the Supreme Court has been violated or breached, they would be at liberty to take appropriate steps in accordance with law.
8. This disposes of the writ petitions.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 08.09.2022 LUR