N.M.KASLIWAL, S.RANGANATHAN, KULDIP SINGH
B. Viswanathiah And Company – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
RANGANATHAN, J.— The two appeals and the three writ petitions challenge the validity of the provisions of the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959 (Act 5 of 1960), hereinafter referred to as the impugned Act. The challenge was repelled by the Karnataka High Court by its common judgment dated September 9, 1980 in two writ petitions, which is the subject matter of appeals. It is perhaps in view of this judgment that Writ Petition Nos. 5548-5550 of 1980 have been filed directly in this Court raising a similar contention.
2. At the outset, it is necessary to clarify two important points. The first is that the validity of the Act abovementioned and certain notifications issued there under were challenged in Civil Appeal Nos. 450 and 451 of 1966 and 542 of 1964. These civil appeals were disposed of by a judgment of this Court dated January 6, 1967 in State of Mysore v. K.C. Hanumiah{(1975) 2 SCC 131}. By the said judgment this Court repelled the contentions then put forward. The validity of certain provisions of the impugned Act had then been challenged on the footing that the said provisions as well as the rules made and t
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