Two writ petitions have been allowed by the High Court by a common judgment. The State has filed SLP in the supreme court in respect of only one writ petition.
Now, the question is :
1) Can this action of State be challenged on the ground of arbitrariness? If so, by what proceedings?
2) Whether a preliminary objection in the SLP can be raised that, the State can not arbitrarily deny benefit of judgment to petitioners in only one case whereas, other similarly situated petitioners in other petition are being allowed to enjoy the fruits of judgment and therefore the SLP is not maintainable?
3) Is the SLP barred by principles of Res Judicata as the impugned has attained finality as not being challenged in respect of identical and connected writ petition?