CHHATTISGARH HIGH COURT
*Vijay Kumar Shrivastava, Dhirendra Mishra, JJ.
Durg Sahkari Vipnan Samiti Maryadit and Others v. State of Chattisgarh and Others
1. All these writ petitions under Art.226 of the Constitution of India relate to challenge the validity of policy - decision for transportation of food - grains to fair price shops which abstains marketing societies or consumer stores to carry both the works together of lead agency and fair price shops. Constitutional validity of imposition of condition whereby maximum limit of three fair price shops has been incorporated in Public Distribution System (Control) Order, 2004 (for short "O.2004") for allotment of shops to various agencies. Issuance of public notice inviting tenders by the State Civil Supplies Corporation Ltd., for transportation of foodgrains, and vires of Clause 9(1)(2)(3)(4) of the Order, 2004 as substituted vide notification dated 21-3-2006. Having common questions for decision all these petitions are taken together, and are being disposed of by this common order.
2. The Essential Commodities Act, 1955 , (for short, "the Act, 1955") has been enacted by the Union of India with the object of equitable distribution and supply of essential commodities to the public at large. On being delegated the State is also competent to enact such statutory orders under S.3 of the
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