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2016 Supreme(Ker) 192

ASHOK BHUSHAN, A.M.SHAFFIQUE
STATE OF KERALA – Appellant
Versus
ALL KERALA BHARAT GAS DISTRIBUTORS ASSOCIATION – Respondent


Advocates:
Advocate Appeared:
For the Appellants : GOVERNMENT PLEADER SMT.GIRIJA GOPAL
For the Respondents: SRI.H.B.SHENOY, SMT.LAKSHMI B.SHENOY, SRI.ABU MATHEW, SRI.SOBHAN GEORGE, SRI.THOMAS P.MAKIL, SRI.N.NAGARESH, ASST.SOLICITOR GENERAL OF INDIA

JUDGMENT :

Ashok Bhushan, C.J.

These Writ Appeals have been filed against the common judgment dated 05.12.2008 in a bunch of Writ Petitions filed by the respondents to these Writ Appeals. Writ Petition No.14350 of 2008 was treated as the leading Writ Petition by the learned Single Judge. Writ Appeal No.581 of 2009 arising out of the aforesaid Writ Petition is being treated as the leading Writ Appeal and reference of facts giving rise to W.A.No.581 of 2009 shall be sufficient for deciding all these Writ Appeals.

2. Parties shall be referred to as described in W.P(C) No.14350 of 2008.

3. Brief facts of W.P(C) No.14350 of 2008 are: First petitioner is the registered association of distributors of Liquified Petroleum Gas (for short, "LPG") duly appointed by the Bharat Petroleum Corporation Limited, a Government of India Oil Company. The second petitioner, a member of the first petitioner is one of the distributors of LPG. The Parliament enacted the Essential Commodities Act, 1955 (hereinafter referred to as "the 1955 Act") in the interest of general public for the control of the production, supply and distribution of, and trade and commerce in certain commodities. Section 3(1) of the 1955























































































































































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