STATE OF KARNATAKA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Having heard learned senior counsel for some time we found that any order passed in this group of matters at this stage by way of interim relief, may have a direct impact on the result of the suits especially when the scope and ambit of the Constitutional provisions is on the anvil of scrutiny before the Constitution bench and these suits are already directed to be placed before the constitution bench by an earlier order dated 21/7/1998 passed in these proceedings. In our view, these I. As. deserve to be placed along with the main suits for final disposal before appropriate Constitution bench/special bench. Having carefully considered the grievance voiced by concerned State governments before us in these proceedings, we observe that the dispute between the contesting States deserve to be decided at the earliest so that many more monsoon may not pass though whatever might have happened in the past. Under these circumstances we request the Hon'ble the chief Justice of India to make it convenient to constitute appropriate constitution bench/special bench in january, 2000 at any appropriate time as thought fit for deciding these I. As. along with the main suits at the earliest. Learned senior counsel for the parties also agreed before us that this is the only appropriate order that can be passed so that the I. As. and the suits can be decided simultaneously and comprehensively by appropriate Constitution bench/special bench. Learned senior counsel for the State of Maharashtra submitted that he has moved i. As. 8 and 9 in O. S. No. 2/1997 for amendment of its written statement. It is obvious that these I. As. will have to be decided by appropriate Constitution bench/ special bench in accordance with law. All learned senior counsel for the appearing parties stated before us that full co-operation will be available from all States before the constitution bench so that the time schedule for disposal of the suits and the I. As. is maintained. Ordered accordingly.