Judgment

GROVER, J. :- (for himself and on behalf of Hegde J:) These petitions under Art. 32 of the Constitution were filed by Premier Automobiles Ltd., Hindustan Motors Ltd. and Standard Motor Products of India Ltd., manufacturers of Fiat, Ambassador and Standard motor cars respectively and two of the dealers of such cars. The petitioners challenged the fixation of fair price of the said three passengers cars by the Government of India by the Motor Car (Distribution and Sale) Control (Amendment) Order 1969 promulgated under S. 18G of the Industries (Development and Regulation) Act 1951, hereinafter called the "Order" and the "Act" respectively. The ex-factory prices of the three cars were fixed as follows :

Hindustan Ambassador : Rs. 15,316.00

Fiat 1100-D : Rs. 14,325.00

Standard Herald 4 Door : Rs. 14,003.00

2. These prices were inclusive of dealer s commission but did not include the excise duties, Central Sales tax and local taxes, if any, and transport charges. The manufacturers or dealers were prohibited from selling or offering for sale or otherwise transferring or disposing of the motor cars for a price exceeding the price given in the order. The order was made after taking i