VINODCHANDRACHIMANLAL SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The following eight petitions under Article 226 of the Constitution are stated to be pending before the High Court of Gujarat

(2.) This Court, by its order dated 25-10-1989, directed a stay of further proceedings in all these and similar matters before the High Court in view of the circumstance that similar .challenge to the constitutional validity of the said statutes was under consideration by this court and the matters had been referred to a Bench of Nine-Judges and that in the circumstances it was considered not expedient that the High Court should also concurrently proceed with the matters.

(3.) Shri Parekh, learned counsel appearing in support of I. A. No. 101 submits that the pronouncement of the Nine-Judge Bench on the question of the vires of the statutes might take its own time; that petitioners in the aforesaid eight petitions would not wish to press the ground of the constitutional invalidity in their petitions and would confine the challenge only to the action taken against the petitioners as impugned in the said petitions and in view of this undertaking by the petitioners, there should be no impediment in the High Court proceeding with the petitions on the merits of other contentions. It is submitted that the general stay ordered on 25-10-1989 be modified insofar as these eight petitions are concerned so that they may be permitted to be proceeded with in the High Court in view of the fact that the question of constitutionality will not be required to be pronounced upon in the petitions.