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2008 Supreme(MP) 601

DIPAK MISRA, R.S.JHA
GODFREY PHILIPS INDIA LTD. – Appellant
Versus
STATE OF M. P. (AND OTHER CASES). – Respondent


Advocates Appeared:
S. Ganesh, H. S. Shrivastava, A. M. Mathur, G. N. Purohit, Kishore Shrivastava, P. M. Choudhary, Alok Aradhe, Kevin Gulati, A. K. Shrivastava, Sumit Nema, O. P. Namdeo, Shashank Verma, Shekhar Sharma, Atul Choudhary, Abijit Shrivastava, Sanjay Agrawal, Prem Francis, K. K. Pandey, Mukesh Agrawal, Abhishek Arjariya, Sajid Akhtar - Petitioners.
R. N. Singh, Vijay Kumar Shukla - Respondents.

ORDER

DIPAK MISRA, J. - Regard being had to the similitude and interconnectivity of the controversy that is involved in this batch of writ petitions it is disposed of by a singular order. It is condign to state at the outset that in some of the writ petitions, the constitutional validity of the provisions contained in the M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (for brevity, "the 1976 Act") is called in question and prayer has been made to declare the entire enactment ultra vires articles 301 and 304(b) of the Constitution and in some of the writ petitions the assail is to the constitutional validity of the notifications issued under the 1976 Act on the foundation that they invite the frown on article 301 of the Constitution and also fall foul of article 14 of the Constitution. Keeping in view the nature of the challenge and the contours of the attack I will advert to the issue of validity of the Act first and thereafter I shall dwell upon the substantiality and sustainability of the notifications. For the sake of clarity and convenience I shall adumbrate the facts in W.P. No. 11642 of 2007 and wherever it is felt necessitous to delineate any other facets re



































































































































































































































































































































































































































































































































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