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2000 DIGILAW 1969 (SC)

Union of India v. Gujarat Pesticides Formulatiors

2000-11-20

B.N.AGRAWAL, S.RAJENDRA BABU

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ORDER : 1. We find from the proceedings brought before us that Writ Petition No. 5303/1999, pending on the file of the High Court of Gujarat at Ahmedabad is oldest of the matters, so it is appropriate to allow this matter to be proceeded with and disposed off. 2. Till disposal of that matter, that High Court and other High Courts shall not decide the proceedings pending in their respective Courts in respect of which transfer is being sought for in these proceedings. 3. However, it is made clear that if any interlocutory application is pending in any of these matters, it is open to the concerned High Court to deal with the same appropriately. 4. Learned Additional Solicitor General appearing for the Union of India submits that in some of the matters the orders made by the High Court, at the interlocutory stage, have ended in favour of the private parties and they need to be separately challenged, if at all, before this Court by way of Special leave petition. 5. Therefore, he seeks leave of the Court to reserve such liberty. However, we think, it is unnecessary to grant any such liberty as it is always open to the parties to approach this Court if such course is available to them. 6. Writ petition is filed in view of the transfer petitions. Hence, it is appropriate for the parties concerned to pursue with their grievances by way of writ petition under Article 226 of the Constitution before the jurisdictional High Courts. 7. The transfer petitions as well as Writ petition are disposed of accordingly.