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1959 Supreme(Raj) 89

SARJOO PROSAD, K.L.BAPNA
THANMAL SURANA – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
Laxmimal

Judgment


SARJOO PROSAD, C. J.

( 1 ) THESE petitions for writs have been presented by certain commission agents and grain merchants of Ganganagar District. The common question raised in these applications is the constitutional validity of Sections3 and 5 of the Essential commodities Act, 1955 - (Act X of 1955 hereinafter called the Act) and certain orders and notifications issued thereunder.

( 2 ) THE relevant facts are brief. On 12-6-1958, the Central Government issued order No. 201 (25)/ 58-PY. 11 in exercise of the power conferred by Clause (c) of sub-section (2) of Section 3 of the Act. The order is called the Gram (Rajasthan)Price Control Order, 1958. It extends to the whole of the district of Shri ganganagar in the State of Rajasthan. By the order in question, the maximum price at which gram could be sold in wholesale quantity in the district was fixed at rs. 10. 50 per maund. This was exclusive of the cost of gunny bags. The Order also laid down specifications as to the average quality of the gram for which the maximum price had been determined. A day earlier, the Central Government had issued on 11-6-1958 a notification under Section 5 of the Act delegating powers under Sec

























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