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1999 Supreme(AP) 395

Andhra Pradesh High Court
Judges : A.HANUMANTHU, B.SUBHASHAN REDDY
COMMISSIONER OF CIVIL SUPPLIES and CONSUMER AFFAIRS - Appellant
Versus
Govt., of India, Ministry of Food and Consumer Affairs, Dept of Sugar and Edible Oils, New Delhi - Respondent
W.A.Nos.1546/98
Decided On : 06-30-99
Advocates Appeared :
Mr. B. Adinarayana Rao, Mr.S.R. Ashok

Headnote:Pulses, Edible Oilseeds and Edible Oils (Storage Control) Amendment Order, 1987, Clauses 3 & 4 - A.P. Scheduled CommoditIes Dealers (Licensing and Distribution) Order,1982 - ESSENTIAL COMMODITIES ACT, Sec.3 - Edible Oilseeds and Edible oils are deleted from purview of Central Order, 1977 as a necessary corollary, State Government is bound to obey the same and now can not insist upon obtaining of licence by dealers or producers relating to Edible Oilseeds and Edible oils - Order of single Judge upheld - Writ appeal dismissed.

B. SUBHASHAN REDDY, J.

( 1 ) THESE four Writ Appeals are directed against the judgments in four writ petitions filed impugning the action of the State government in still requiring the obtaining of the licence for dealing in business of purchase and sale of edible oil seeds and edible oils.

( 2 ) THE Writ Appeals 1546 to 1549 of 1998 are directed against the Writ Petition nos. 3816/98, 7753/98, 17987/98 and 17979/98 respectively.

( 3 ) THE matters are traceable to Essential commodities Act, 1955 and the Orders issued thereunder. Essential Commodities act is meant for control of production and supply and distribution of certain notified essential commodities. Edible oil seeds and edible oils were among such notified essential commodities in the Order issued by the State Government in exercise of the power under Section 3. One such order passed is pulses, Edible Oilseeds and edible Oils (Storage Control) Order, 1977 . dealer is defined in clause 2 (f) as a person engaged in the business of purchase, sale or storage for sale of any pulses, edible oilseeds or edible oils, whether or not in conjunction with any other business and includes his representative or agent . producer is defined in clause 2 (j) as a person carrying on the business of milling any of the pulses or expelling, extracting, manufacturing or refining any edible oil (i) by buying pulses or edible oilseeds for being processed by himself and selling the finished products to a wholesaler or through a commission agent; or (ii) by doing any of the processes of milling, expelling, extracting or manufacturing or refining on behalf of another. Clause 2 (1) defines retailer as a dealer in pulses or in edible oilseeds or in edible oils, who is not a wholesaler. Under clause 2 (n) wholesaler means a dealer in pulses or in edible oilseeds or in edible oils who sells such commodities to other dealers or to bulk consumers. Clause 3 deals with licensing of dealer and producers which reads:"notwithstanding anything contained in any State Order, no person shall carry on business as dealer after the expiration of a period of fifteen days from the coming into force of this clause or as a producer, after the expiry of a period of fifteen days from the date of coming into force of the pulses Edible Oil-seeds and Edible oils (Storage Control) Amendment order, 1987, in pulses or in edible oilseeds or in edible oil, except under and in accordance with the terms and conditions of a licence granted under a state order, if the stocks of pulses or edible oilseeds or edible oils in his possession exceeds the quantities specified below": clause 4 reads:"no dealer shall after a period of fifteen days from the coming into force of this clause, either by himself or by any person on his behalf store or have in possession at any time any pulses, edible oilseeds or edible oils in excess of the quantities specified below": clause 6 clarifies that the provisions of the state Orders relating to Storage of Pulses, edible Oilseeds or Edible Oils shall apply in respect of any matter for which no provision has been specifically made in this order.

( 4 ) THE respondents herein are the dealers in edible oilseeds and edible oils and hitherto they were holding licences. But, their contention is that since the central Government issued notification deleting the edible oil seeds or edible oils from the purview of Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977, there is no requirement of obtaining of any licence for dealing in edible oilseeds and edible oils. The stand of the State government, who is the appellant herein, was that the Central Government Order of 1977 only pertains to storage of edible oilseeds and edible oils and is no-way concerned with other aspects like distribution and transportation etc. and as such, the storage limits which were hitherto fixed in A. P. Scheduled Commodities dealers (Licensing and Distribution) order, 1982 has been deleted and that other pro




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