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2009 Supreme(AP) 575

R.SUBHASH REDDY
Fertilizer Wholesale Dealers Welfare Association, Vijayawada – Appellant
Versus
Government of Andhra Pradesh – Respondent


Advocates appeared:
For the Petitioners:V. Srinivas, Advocate.
For the Respondents: G.P. for Agriculture.

Judgment :

In this writ petition, the petitioners seek directions by way of Mandamus against respondents 1 and 2, not to insist the members of the 1st petitioner-Association, to submit separate Form A-1 intimations to different Notified Authorities in respect of their storage points, under the provisions of the Fertiliser (Control) Order, 1985 (hereinafter referred to as ‘the Control Order’), and further, to declare Clause (5) of the Terms and Conditions of Form A-1 as arbitrary, unreasonable and unconstitutional.

2. 1st petitioner is an Association registered under the A.P.Societies Registration Act, 2001, and all its members are wholesale dealers in fertilisers. 2nd petitioner is the fertilizer dealer, who is also a member of the 1st petitioner-Association.

3. The Fertiliser (Control) Order, 1985, is issued by the Central Government in exercise of its powers under Section 3 of the Essential Commodities Act, 1955. It is a self-contained Control Order, which prescribes the procedure for dealing in fertilisers. It prescribes the Notifying Authorities, Inspecting Authorities, procedure for getting the Certificate of Registration, restrictions on manufacture and sale of fertilisers, me

























































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