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KRISHNA RAO
Sk. Manowar Ali – Appellant
Versus
State Of West Bengal – Respondent
ORDER
Krishna Rao, J. - The petitioners have filed the instant writ application praying for declaring the notification dt. 13.09.2021 amending Clause 18 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 as ultra vires to Essential Commodities Act, 1955, National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I) (g), 21 and 254 of the Constitution of India and also prayed for declaring the West Bengal Duare Ration Scheme, 2021 dt. 16.11.2021 as ultra vires to the Essential Commodities Act, 1955 and National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I)(g), 21 and 254 of the Constitution of India.
2. Mr. Saktinath Mukherjee, Ld. Senior Advocate appearing on behalf of the petitioners relied upon Section 3 and Section 5 of the Essential Commodities Act, 1955 and submits that the Central Government is having an authority for regulating and prohibiting the production, supply and distribution of essential commodities. The Ld. Senior Advocate further submits that under Section 5 of the Essential Commodities Act, 1955, the Central Government by way of notification delegates the power to the Sta
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An association can challenge the validity of legislation affecting its members, as it constitutes an injury to its collective rights. The court affirmed that procedural rights must adhere to principl....
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