M/S. Sri Vishnu Traders vs The State Of Telangana And 4 Others
2022 Latest Caselaw 4497 Tel

           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