Rajiv Piyush Patel vs State Of Gujarat
2021 Latest Caselaw 6778 Guj

     C/SCA/799/2019                             ORDER DATED: 23/06/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 799 of 2019
                               With
                R/WRIT PETITION (PIL) NO. 12 of 2019
                               With
            R/SPECIAL CIVIL APPLICATION NO. 801 of 2019
                               With
            R/SPECIAL CIVIL APPLICATION NO. 803 of 2019
                               With
            R/SPECIAL CIVIL APPLICATION NO. 832 of 2019
                               With
          R/SPECIAL CIVIL APPLICATION NO. 16452 of 2018
                               With
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
         In R/SPECIAL CIVIL APPLICATION NO. 16452 of 2018
                               With
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2020
         In R/SPECIAL CIVIL APPLICATION NO. 16452 of 2018
==========================================================
                      PETER JAGDISH NAZARETH
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR B S SOPARKAR(6851) for the Petitioner(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
        VIKRAM NATH
        and
        HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 23/06/2021

                    COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. We have heard Shri Mihir Thakore, Shri Mihir Joshi, Shri Saurabh

Soparkar, Shri Deven Parikh, Shri Percy Kavina learned Senior

Counsels assisted by Mr.Bandish Soparkar and Ms.Pooja Rohan

Shah learned advocates, Mr.Harshit Tolia with Mr.R.M.Kapadiya

learned counsels appearing for the writ petitioners and Shri Kamal

C/SCA/799/2019 ORDER DATED: 23/06/2021

Trivedi learned Advocate General along with Ms.Manisha

Luvkumar learned Government Pleader, Mr.Prakash Jani learned

Senior Counsel assisted by Mr.N.M.Kapadia and Mr.Harshit Tolia,

who have moved an application for impleading as respondents.

2. It is made clear that the arguments have been heard on the

preliminary submissions made by Shri Trivedi learned Advocate

General that this Court that in view of the validity of the

prohibition law challenged in the captioned matters, having already

been dealt with by the Hon'ble Supreme Court in case of the State

of Bombay Vs. F.N.Balsara, reported in AIR 1951 SC 318, the

captioned matters though dealing with the said challenge on

different grounds, cannot be entertained, more particularly when

the judgment pronounced by the Hon'ble Supreme Court in the

above-referred case of State of Bombay Vs. F.N.Balsara (supra), is

a 'law declared' within the ambit of Article 141 of the Constitution

of India, which is binding upon this Hon'ble Court.

3. Reserved for judgment.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) ANKIT SHAH