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2002 Supreme(SC) 238

V.N.KHARE, ASHOK BHAN
Saurashtra Oil Mills Association, Gujarat – Appellant
Versus
State Of Gujarat – Respondent


JUDGMENT

Bhan, J.-The appellants herein filed a writ petition in the High Court of Gujarat challenging the constitutional validity of an order made on 26th July, 2000 in pursuance of sub-clause (1) of clause 24 of the Gujarat Essential Articles (Licensing, Control Stock Declaration) Order, 1981 (for short the State Order of 1981 ) amending an earlier order dated 14th August, 1998 by substituting the storage limits in respect of dealers and thereby providing that no dealer shall either by himself or by any person on his behalf store or have in his possession at any time any edible Oilseeds or edible oils in excess of the quantities specified thereunder, which were 1000 quintals for wholesaler of edible Oilseeds including groundnut in shell, and 100 quintals for retailer (all edible Oilseeds taken together); and 300 quintals for the wholesaler of edible Oilseeds including groundnut in shell, and 100 quintals for retailer (all edible Oilseeds taken together); and 300 quintals for the wholesaler and 20 quintals for the retailers (all edible oils including hydrogenated vegetable oils). The order dated 14th August, 1998 in which the amendment was made by the impugned order of 26th July,


















































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