M/S. Shiva Sai Traders vs The Government Of Telangana And 6 ...
2021 Latest Caselaw 4077 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                  WRIT PETITION No.31271 of 2021


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 case

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
                               2




     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 petition

also stands dismissed.        The judgment delivered in

W.P.No.19928 of 2021 and batch shall be applicable

mutatis mutandis in the present case 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 case.

     The miscellaneous applications pending in this writ

petition, if any, shall stand closed.     There shall be no

order as to costs.


                                  ___________________________
                                   SATISH CHANDRA SHARMA, CJ




                                  ___________________________
                                        N. TUKARAMJI, J
01.12.2021

vs