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2016 (5) TMI 1277

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..... writ petition would also be treated as allowed. However, if the appeal is dismissed by the Apex Court, there would be no change in the judgment. In view of the above, the outcome of this petition would be governed finally by the outcome of the appeal pending before the Apex Court on the same challenge. The direction aforesaid is being given to avoid multiplicity of litigation. - D.B. Civil Writ Petition No.1403/1998 - - - Dated:- 26-5-2016 - MR. JUSTICE M.N. BHANDARI AND MR. JUSTICE J.K. RANKA Mr. R.K. Salecha, Mr. Dheeraj Verma for the petitioner Mr. R.D. Rastogi, ASG with Mr. Ashish Kumar , Ms. Archana on behalf of Mr. Anil Mehta for the respondent JUDGEMENT An application filed for amendment in the writ petition is .....

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..... ourt to consolidate the cases for its hearing. This Court was also informed about it and detailed order was drawn in reference to the order passed by the Madras High Court. The Revenue was asked to seek instruction about their intention to move an application before the Apex Court to consolidate all the cases pending before various High Courts. Learned counsel appearing for the Revenue submits that no such application for consolidation of cases has been made in reference to the petitions pending before this Court. In fact the issue has already been determined by the Karnataka High Court by a detailed judgment and now is pending consideration before the Apex Court, there exists no reason to make such an application. The learned counsel .....

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..... n, the hearing was deferred in reference to an order in the pending case before the Madras High Court. The order was passed by the Madras High Court when Revenue had shown its intention to make an application before the Apex Court to consolidate hearing of writ petition pending before different High Courts. The Revenue was directed to seek instruction as to whether they intend to make an application in pending writ petition also. On the direction of the Court, the instruction was sought and the learned counsel appearing for the Revenue informed that no such application has been moved. It is for the reason that the validity of the Rule has already been considered and found to be intra vires by the Karnataka High Court. In the light of the .....

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