JUDGMENT

BEG. C.J.I. (for self and on behalf of D. A. Desai J. on 21.2.1978) :— The ninety-one writ petitions before us for delivery of our reasons in support of our order dated 23 Nov. 1977 dismissing them, raised a common question of the validity of an order (hereinafter referred to as the Control Order), passed on 30th September, 1977 by the Ministry of Civil Supplies and Co-operation of the Government of India, which runs as follows.

"ORDER

New Delhi, the 30th September, 1977

S. O. WHEREAS the Central Government is of opinion that it is necessary and expedient so to do for securing equitable distribution and availability at fair prices, of mustard oil.

NOW, THEREFORE, in exercise of the powers conferred by S.3 of the Essential Commodities Act. 1955 (10 of 1955), the Central Government hereby makes the following orders namely;

1. Short title, extent and commencement -(1) This order may be called the Mustard Oil (Price Control) Order, 1977.

(2). It extends to the whole of India.

(3) It shall come into force at once.

2. Definition : - In this Order, "dealer" means a person engaged in the business of the purchase, sale or storage for sale of mustard oil.

3. Price at which a dealer may sell