( 1 ) ). ON these two petitions, the petitioner-companies against whom recovery is sought to be made of the dues said to have accrued into the Drug Prices Equalisation Account (D. P. E. Account) under Paragraph 17 read with Paragraph 7 (2) of the Drugs (Prices Control) Order, 1979 (hereinafter referred to as "the Control Order of 1979"), have challenged the validity of the provisions of Paragraph 7 (1 ) (a) of the Control Order of 1979 as being ultra vires the provisions of the Essential Commodities Act, 1955 and Arts. 14, 19, 300-A and 265 of the Constitution of India.

( 2 ) ). In Special Civil Application No. 3032 of 1999, which has been argued as the lead matter, a declaration is sought that the notice dated 8-5-1985 and the revised demand notice dated 17-7-1997 purporting to make recovery under paragraph 7 (2) (a) read with Paragraph 17 of the Control Order of 1979 are without jurisdiction and illegal and that the respondents have no authority or jurisdiction to issue any notice or demand after the repeal of the Control Order of 1979 and coming into force of the Drugs (Prices Control) Order, 1987 on 26-8-1987 and the Drugs (Prices Control) Order, 1995 on it