Judgement

GOSWAMI, J.:- This appeal by special leave is directed against the judgment of the Andhra Pradesh High Court whereby the Andhra Pradesh Tyres and Tubes Dealers Licensing Order 1973 (briefly the Licensing Order) was struck down as illegal and ultra vires.

2. A few facts which are material may first be noted.

3. By Notification S. O. 1844 dated June18, 1966. the Central Government in exercise of the powers conferred by Section 5 of the Essential Commodities Act, 1955 (briefly the Act) directed "that the powers conferred on it by sub-section (1) of Section 3 of the said Act .to make orders to provide -for the matters specified in clauses (d), (e), (f), (g), (h), (i). (ii) and (j) of sub-section (2) thereof shall in relation to all commodities other than foodstuffs and fertilisers (whether inorganic, organic or mixed), be exercisable also by a State Government, or, in relation to. a Union territory, by the administrator thereof, subject to the following conditions......"

x x x x x

4. Section 2 (a) of the Act defines "essential commodity" which means ten specified commodities and the residuary clause (xi) thereof refers to-------

"any other class of commodity which the Central Gove