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2016 (8) TMI 1527 - HC - Indian LawsRevaluation of 21 sugar mills, which have been sold, afresh by an independent agency for the purpose of proceeding with disinvestment - HELD THAT:- If we record a finding in respect of disposal of the application, then we find that such disposal of an application will lead to the decision virtually on merit. Therefore, this Court is of the opinion that petitions should be heard and disposed of finally. Apart from it, a coordinate Bench of this Court presided over by Hon'ble the Chief Justice in HIMANSHU SONKAR [P. I. L.] VERSUS STATE OF U.P. THRU. PRIN. SECY. SUGAR & CANE DEVT. & 30 ORS. [2014 (12) TMI 1369 - ALLAHABAD HIGH COURT] has passed the order to the effect that the parties are directed to complete their pleadings by 12.01.2015 so the hearing before the assigned Bench granted roster, can proceed with the final hearing in the matter. In the case of KUSHUM LATA VERSUS UNION OF INDIA (UOI) AND ORS. [2006 (7) TMI 729 - SUPREME COURT], the apex Court while dealing with the issue of maintainability of the Public Interest Litigation, laying down the principles for maintainability of the Public Interest Litigation provided certain guidelines and norms which have been laid by the Court from time to time and thereafter held that the person who has filed the petition though he was a tenderer and was questioning the legality of the auction being a party, the High Court was right in dismissing the writ petition. The judicial propriety demands that we should not indulge into a field which is not otherwise permissible under law. The judicial discipline would be to relegate the parties to the apex Court where the Special Leave Petition is pending for adjudication in accordance with law. But so far the question of entertaining these writ petitions at this stage in the present facts and circumstances of the case is concerned, we do not find appropriate to adjudicate the issue on merit. Petition dismissed.
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