Citation : 2021 Latest Caselaw 4204 Tel
Judgement Date : 8 December, 2021
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.
2
(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
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