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S. Ganeshmal JaIn Vs. Union of India (Uoi) - Court Judgment

LegalCrystal Citation
SubjectCommercial;Constitution
CourtKarnataka High Court
Decided On
Case NumberW.Ps. Nos. 4360 and 4361 of 1985
Judge
Reported inILR1987KAR804
ActsSugar (Control) Order, 1966; Constitution of India - Article 14
AppellantS. Ganeshmal Jain
RespondentUnion of India (Uoi)
Appellant AdvocateMohandas N. Hegde, Adv. and ;N. Basavaraj, Central Government Standing Counsel for R-l
Respondent AdvocateS. Udayashankar, HCGP for R-2
Excerpt:
.....but pot stock held at a time -- insistence on dealer that even 250 quintals should not be held in stock for more than ten days, not correct.;(i) fixation of stock limit is reasonable and has nexus with the object to obviate hoarding and black-marketing in food-stuffs and to ensure equitable distribution and availability of essential commodities at fair prices. therefore, fixation of stock limit is neither arbitrary nor irrational having no nexus and as such, is not violative of article 14 of the constitution.;(ii) a recognised dealer may even have series of transactions in a day which in totality may exceed 250 quintals ; provided his stock of khandasari (open pan sugar) does not exceed 250 quintals at a time.;(iii) the words 'such stock' occurring in the proviso to clause (2) of the..........the impugned order ate insisting that the stock of vaccum pan sugar of kandasari held by the petitioners should not continue for over a period of ten days even if the stock is less then 250 quintals.3. having regard to the aforesaid contentions, the following points arise for consideration :i) whether the impugned order-annexure 'a' is violative of articles 14 and 19(1)(g) of the constitution?ii) what is the scope and ambit of the impugned order-annexure 'a' ?4. point no. (i) : the impugned order - annexure 'a' is as follows :'the gazette of india : extraordinary ministryof food and civil supplies :(department of food)
Judgment:
ORDER

K.A. Swami, J.

1. In these petitions under Article 226 of the Constitution, the petitioners have sought for striking down the order dated 22nd May, 1984 bearing No. GSR/391(E)/ESS. Com/Sugar, issued by the Central Government, produced as Annexure-A.

2. It is contended on behalf of the petitioners that the impugned order - Annexure 'A', is violative of Articles 14 and 19(1)(g) of the Constitution in as much as it is arbitrary and imposes an unreasonable restriction on the fundamental right to carry on the trade. It is also further contended that it is not possible to exhaust the stock within ten days from the date of receipt of the stock ; therefore the condition that the stock of vaccum pan sugar of kandasari shall not be held for a period exceeding ten days from the date of receipt of the stock imposes an unreasonable restriction. It is also further contended that the authorities incharge of enforcement of the impugned order ate insisting that the stock of vaccum pan sugar of kandasari held by the petitioners should not continue for over a period of ten days even if the stock is less then 250 quintals.

3. Having regard to the aforesaid contentions, the following points arise for consideration :

i) Whether the impugned order-Annexure 'A' is violative of Articles 14 and 19(1)(g) of the Constitution?

ii) What is the scope and ambit of the impugned order-Annexure 'A' ?

4. POINT No. (i) : The impugned order - Annexure 'A' is as follows :

'THE GAZETTE OF INDIA : EXTRAORDINARY MINISTRY

OF FOOD AND CIVIL SUPPLIES :

(Department of Food)


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