SURAJ MAL KAILASH CH Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of the powers conferred by Cl. 18 of the Rajasthan Trade Articles (Licensing and Control), Order, 1980 (hereinafter referred to as 'the Order'), the State Government of Rajasthan, on May 23, 1981, with the prior concurrence of the Central Government, by a notification fixed the maximum limit of wheat to be possessed by a dealer at any time at 200 quintals. The petitioners who are dealers in foodgrains challenge the constitutional validity of the impugned notification as violative of their fundamental rights under Arts. 14 and 19 (1) (g) of the Constitution.

(2.) Clause 18 of the Order reads as follows:

(3.) In support of these contentions, learned counsel for the petitioners challenged the impugned notification on four grounds, namely, (1) No guidelines have been laid down in fixing a limit of 200 quintals for a dealer at any time as to the manner of disposal of the stock of wheat in excess of the limit so fixed; (2) There is no distinction made between a wholesale dealer and a retailer inasmuch as the maximum quantity of wheat permitted to be possessed by them is the same, i.e. 200 quintals at any time; (3) The Governmental action in fixing the maximum limit at 200 quintals displays arbitrariness as there is no differentiation made between different varieties and grades of wheat; and (4) The fixation of the maximum quantity of wheat to be possessed by a dealer at any time at 200 quintals is also arbitrary because in the case of pulses, the maximum quantity of pulses permitted to be possessed by a dealer at any time is much higher. As already stated, the Court, in Krishan Lal's case (supra) upholding the validity of the impugned notification, observed: