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Ram Kripal Sharma and ors. Vs. the State of Uttar Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Writ Petn. No. 2285 and 2531 of 1974
Judge
Reported inAIR1975All183
ActsUttar Pradesh Milk and Milk Products Control Order, 1974; Constitution of India - Articles 14, 19 and 19(1); Essential Commodities Act, 1955 - Sections 3
AppellantRam Kripal Sharma and ors.
RespondentThe State of Uttar Pradesh and anr.
Appellant AdvocateH.S. Nigam, Adv.
Respondent AdvocateStanding Counsel
DispositionPetitions dismissed
Excerpt:
(i) constitution - violation of rights - articles 14 and 19 of constitution of india - order applicable to certain districts - the discrimination made between manufacturer of ice cream and khoya - order is not violative of article 19 of constitution - restrictions are not imposed on the milk but upon manufacturers who convert the milk in to some other milk product no violation of article 14 and 19 of constitution of india. (ii) validity of order - section 3 of essential commodities act, 1955 - section 3 confers power to provide for regulation or prohibition on production supply and distribution of any essential commodity not violating any of the fundamental right. - .....manufacturing ghee and butter after extracting cream out of milk. all the petitioners of these two writ petitions carry on their respective trade in the district of moradabad which is one of the districts to which the aforesaid order has been made applicable. a portion of the order which will be relevant for purposes of deciding the various points raised in the present writ petitions is reproduced below: 'in pursuance of the provisions of clause (3) of article 348 of the constitution the governor is pleased to order the publication of the following english translation of notification no. 1116-c (4)/ xii-cb-13-74, dated april 2, 1974, no. 1116-c(4)/xii-cb-13-74. whereas the state government is of opinion that it is necessary and expedient so to do for maintaining the supplies of liquid.....
Judgment:
ORDER

N.D. Ojha, J.

1. These two writ petitions challenge the validity of the U.P. Milk and Milk Products Control Order, 1974, petitioners 1 and 8 in writ petition No. 2285 of 1974 are Halwais who prepare Rubree, Khoa and Paneer from milk and use them in preparing sweets and sell these goods at their respective shops whereas petitioners 2 to 7 are manufacturers of Khoa from milk. The two petitioners in writ petition No. 2531 of 1974 carry on the business of manufacturing ghee and butter after extracting cream out of milk. All the petitioners of these two writ petitions carry on their respective trade in the district of Moradabad which is one of the districts to which the aforesaid order has been made applicable. A portion of the order which will be relevant for purposes of deciding the various points raised in the present writ petitions is reproduced below:

'In pursuance of the provisions of Clause (3) of Article 348 of the Constitution the Governor is pleased to order the publication of the following English translation of notification No. 1116-C (4)/ XII-CB-13-74, dated April 2, 1974,

No. 1116-C(4)/XII-CB-13-74.

WHEREAS THE State Government is of opinion that it is necessary and expedient so to do for maintaining the supplies of liquid milk and for securing its equitable distribution and availability in certain areas:

Now, THEREFORE, in exercise of the powers under Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955) real with Government of India, Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food) Order No. G.S.R. 1111, dated July 24, 1967, as amended by G.S.R. No. 284, dated February 9, 1968 and with the prior concurrence of the Central Government, the Governor is pleased to make the following order, namely;

U.P. MILK AM) MILK PRODUCTS CONTROL


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