Supreme Court - Daily Orders
The Union Of India Thru Secretary ... vs Nashik Zila Cable Operators ... on 1 April, 2016
Bench: V. Gopala Gowda, Arun Mishra
T.P.(C) Nos. 430-444/2016 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO(s). 430-444 OF 2016
THE UNION OF INDIA THRU SECRETARY,
MINISTRY OF INFORMATION AND BROADCASTING PETITIONER(S)
VERSUS
NASHIK ZILA CABLE OPERATORS ASSOCIATION
AND ORS.ETC.ETC. RESPONDENT(S)
O R D E R
T.P. (C) Nos. 430-437/2016 and 439-444/2016:
An affidavit of service is submitted in this Court today by the learned counsel for the petitioner reporting that the service of notice upon all the respondents/writ petitioners before the various High Courts is complete, except the respondent, namely, M/s JBM Cable Network. The affidavit is taken on record.
As stated, since the respondent- M/s JBM Cable Network has refused to receive dasti notice, the service upon it is deemed to be sufficient.
We have heard the learned counsel for the parties.
Signature Not Verified Having regard to the similar legal questions Digitally signed by VINOD KUMAR Date: 2016.04.07 17:17:51 IST Reason: involved in all the Writ Petitions that are raised before different High Courts, with a view to avoid conflicting decisions by the different High Courts, at T.P.(C) Nos. 430-444/2016 2 the request made on behalf of the Union of India seeking to transfer all the writ petitions pending before the different High Courts, it would be just and proper for this Court to withdraw all those cases pending in different High Courts and transfer the same to Delhi High Court.
We order accordingly.
Further, in future, if any case on the same legal question is filed before the High Court(s), such case(s) shall also be transferred to the Delhi High Court.
The Registry of this Court is directed to communicate this Order to the Registrar General(s) of the respective High Courts for transmitting the records of the cases pending before the respective High Courts to Delhi High Court.
The transfer petitions are allowed in the aforesaid terms.
T.P. (C) No. 438/2016:
Learned counsel appearing on behalf of the respondent, namely, M/s All Sikkim Cable Operators Association submitted that Writ Petition (C) No. 73 of 2015 titled “All Sikkim Cable Operators Association vs. Union of India & Ors.“ has been withdrawn from the High Court of Sikkim. His submission is placed on record.T.P.(C) Nos. 430-444/2016 3
In view of the above, the transfer petition stands dismissed as having become infructuous.
...........................J. (V. GOPALA GOWDA) ..........................J. (ARUN MISHRA) NEW DELHI, APRIL 1, 2016 T.P.(C) Nos. 430-444/2016 4 ITEM NO.50 COURT NO.9 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 430-444/2016 THE UNION OF INDIA THRU SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING Petitioner(s) VERSUS NASHIK ZILA CABLE OPERATORS ASSOCIATION AND ORS.ETC.ETC. Respondent(s) Date : 01/04/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Ranjit Kumar, S.G. Mr. Nikhil Rohatgi, Adv.
Ms. Diksha Rai, Adv.
Mr. Shreekant N. Terdal,Adv. For Respondent(s) Mr. B. Adinarayana Rao, Sr. Adv.
Mr. Vineet Bhagat,Adv.
Mr. G. Prakash, Adv.
RR 1-2 Mr. Preshit Surshe, Adv.
Mr. Anish R. Shah, Adv.
RR-12 Ms. Meghna Mishra, Adv.
Mr. Naman Joshi, Adv.
Ms. Manik Karanjawala, Adv. Ms. Tatini Basu, Adv.
Ms. Jyoti Eswar, Adv.
UPON hearing the counsel the Court made the following O R D E R T.P. (C) Nos. 430-437/2016 and 439-444/2016:
The transfer petitions are allowed in terms of the signed order.T.P.(C) Nos. 430-444/2016 5
T.P. (C) No. 438/2016:
Learned counsel appearing on behalf of the respondent, namely, M/s All Sikkim Cable Operators Association submitted that Writ Petition (C) No. 73 of 2015 titled “All Sikkim Cable Operators Association vs. Union of India & Ors.“ has been withdrawn from the High Court of Sikkim. His submission is placed on record.
In view of the above, the transfer petition stands dismissed as having become infructuous.
(S. K. RAKHEJA) (MADHU NARULA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)