Judgment

DESAI. J.:- Should Art. 32 of the Constitution lend its assistance to petitioners in this group of petitions so that the poor in Andhra Pradesh can be successfully deprived of their staple simple breakfast? Even an imaginary marginal dent in the profits of the hoteliers stirs it into action by an easy resort to a writ petition under Art. 32 and an ex parte stay which itself is success even if the petition ultimately fails, because in the meantime the measure which may possibly affect their profits is kept. under suspended animation and the profit being continuously derived from scattered consumers is not refundable and the unjust enrichment is enjoyed with impunity. This case amply illustrates the point.

2. Hoteliers of Andhra Pradesh raised a hue and cry when the Government of Andhra Pradesh- the first respondent enacted and proclaimed in exercise of the powers conferred by Section 3 of the Essential Commodities Act. 1955 (1955 Act for short) read with the notification of the Ministry of Agriculture and Irrigation dated June 9, 1978. the Andhra Pradesh catering Establishments (Fixation and Display of Prices of Foodstuffs) Order. 1978 (1978 Order for short) dated September