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1993 Supreme(SC) 242

KULDIP SINGH, N.M.KASLIWAL
G. T. N. Textiles LTD. : Shree Manufacturing Company: Kakatia Textiles LTD. : Satyam Spining And Wiving Mills LTD. : Yemmiganur Spining Mills: Dhanalakshmi Roto Spinners Private LTD. : Sathyanarayana Spinning Mills LTD. – Appellant
Versus
Assistant Directors, R. O. T. Commissioner: Assistance Dir. Reg. Office Of Tex. Commissioner: Assistance Director And Enforcement Officer: A. D. And E. O. Reg. Office Textiles Commissioner: Textile Commissioner: Union Of India: Assistance Directors R. O. – Respondent


Advocates:
A.Subhashini, C.S.VAIDYANATHAN, K.K.VENUGOPAL, K.SWAMY, VIJAY LAKSHMI MENON, VIJAYNARAYAN

JUDGMENT

KULDIP SINGH, J.:—Special leave granted in all the petitions.

2. The appellants-petitioners challenged the constitutional validity of Cl. 16 of the Textile (Control) Order, 1986 (the 1986 Order) and the notification, issued thereunder, dated March 29, 1990 as amended on May 11, 1990 and May 17, 1990 (the notification) by the Textile Commissioner, before the Andhra Pradesh High Court by way of writ petitions under Article 226 of the Constitution of India. The High Court by its judgment dated October 29, 1991 dismissed the writ petitions. These appeals by way of special leave are against the judgment of the High Court.

3. The appellants are the Spinning and Weaving Mills in the State of Andhra Pradesh. The cotton yarn manufactured by the mills is of different varieties. It is classified on the basis of counts. Yarn with 1 to 40 counts is coarse, 40 to 60 medium, between 60 and 100 fine and anything above 100 counts is described as very fine. There are two methods of packing the yarn. One is the cone form packing which is used in power-loom and hosiery industry. The other is hank form packing which is exclusively consumed by the handloom industry. Spinning and packing are the t








































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