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1981 Supreme(SC) 437

A.P.SEN, BAHARUL ISLAM
Suraj Mal Kailash Chand – Appellant
Versus
Union Of India – Respondent


JUDGMENT

SEN, J.:— In exercise of the powers conferred by Cl. 18 of the Rajasthan Trade Articles (Licensing & Control), Order, 1980 (hereinafter referred to as the Order), the State Government of Rajasthan, on May 23, 1981, with the prior concurrence of the Central Government, by a notification fixed the maximum limit of wheat to be possessed by a dealer at any time at 200 quintals. The petitioners who are dealers in foodgrains challenge the constitutional validity of the impugned notification as violative of their fundamental rights under Arts. 14 and 19 (1) (g) of the Constitution.

2. Clause 18 of the Order reads as follows :

18. No person shall, either by himself, or by any person on his behalf, store or have in his possession at any time any trade article mentioned in Schedule I and Schedule II in quantity exceeding the limits fixed-

(i) under an order issued by the Central Government; or

(ii) by the State Government with prior concurrence of the Central Government by issuing a notification in Official Gazette from time to time.

This Court, in M/s. Krishan Lal Praveen Kumar v. State of Rajasthan (Writ Petitions Nos. 4839 to 4845 of 1981, decided on 4-9-1981): (reported in AIR 1982 S














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