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1994 Supreme(Raj) 328

Rajasthan High Court
Honble V.K. Singhal, J.
Radhey Shyam Ramswaroop (M/s.) - Appellant
Versus
State of Rajasthan and Others - Respondents
S.B. Civil Writ Petition No. 3472 of 1994
Decided On : August 17, 1994

Advocates Appeared:
J.K. Singhi, Santosh Jain P.P. Jain & S.S. Sunda, for Petitioner Mahesh Gupta, Suresh Pareek, S.S. Hasan, Sudhir Gupta, for Respondents

Headnote:Rajasthan Trade Articles (Lincensing and Control) Order 1980, Clause 2(w), Constitution of India, Art. 19(1) (g) and 19(6) and Essential Commodities Act, 1955, Sec. 3 — The notification is soved under Article 19(6) and is not violative of Article. 19(1) (g) — Restrictions of not to carry an the business of purchase or sale of goods without licence in reasonable restriction — The maximum quantity specified for a dealer to hold in stock is reasonable. (Para 7 & 10)

       

Honble SINGHAL, J. — This order will dispose of all the writ petitions mentioned in Schedule A as all of them raise identical questions for determination by this court.

(2). The Government of Rajasthan has issued a notification on May 16,1994 by which restriction was imposed on the whole-sale dealers of Gur to maintain the maximum quantity of stock of 250 quintals with further direction that the said stock has to be disposed of within 20 days from the date of its receipt. The approval of the Central Government was also obtained. The petitioners are licence-holders under the Rajasthan Trade Articles (Licensing and Control) Order 1980 (hereinafter called as the Order of 1980) and are dealers within the definition of clause(c) of Order of 1980. The statement with regard to opening stock, purchases, sales and closing stocks is being sent to the District Supply Officer. It is submitted that the commodity Gur is not produced in the State of Rajasthan and is mainly produced in the States of Uttar Pradesh and Bihar from November to February every year. The various qualities of Gur i.e. Pansara, Chorsha, Khurpa, Paddi, Laddu,Balti, Musti, Chaku and Gindora, are sold in various mandis in the State of Rajasthan and used for human consumption. Similarly, Gur of Raskat, Bald, and Pansara is mainly used for animal consumption. The traders are having normal capacity of 100 quintals. By notification dated May 16,1994 which has become effective after 15 days of its publication in the official gazette,restrictions have been placed with regard to stock limit and the period during which it has to be disposed of. The grievance of the petitioner is with regard to not providing any opportunity before the issue of the said notification. It is also stated that previously, a notification dated November 7,1989 was issued, but it was withdrawn on January 24,1990. A stay was granted for the operation of the said notification but on account of withdrawal of the said notifications the writ petitions which were filed challenging the same became infructuous. It is submitted that if the stock is not sold within a period of 20 days as contemplated in the notification it is not stipulated as to how the goods are to be sold or disposed of. The notification is alleged to be violative of Article 19(l)(g) of the Constitution of India. It is submitted that there was no proper application of mind and the Central Government has given its concurrence in a mechanical manner. It has also been submitted by the learned counsel for the petitioners that a discrimination has been caused between the retailers and whole-sale dealers in as muchas there is no such restrictions in so far as the retailers are concerned in respect of those dealers who fell in the category of Commission Agent no proper guidelins have been formulated.

(3). On behalf of the respondents, it is submitted that the State is bound to regulate the supply of essential commodities and the restrictions which have been imposed are reasonable restrictions. The whole-selleras per clause 2(w) of the Order of 1980 means a dealer who sells any one or more of the trade articles mentioned in Schedule I to other dealer or bulk consumers. If the sale is made by one dealer to another of more than 50 quintals of gur and khandsari then he is considered to be the whole-sale dealer. A notification was issued by the Central Government on May 30,1994. The concurrence for issue of the notification by the State Government was obtained on March 17,1994 and the notification was issued brining down the prices of the commodities since unnecessary stock was held by whole-seller and they were not releasing the same on public demand. The notification cannot be said to be unreasonable for in violation of Article 19(l)(g). No opportunity of hearing is required to be given before the issue of notification and the only requirement was the prior concurrence of the Central Government which had already been obtained. The Gur Control Order, 1994 h

















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