S V SIVAMURTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition, one under Articles 226 and 227 of the Constitution, has challenged the validity of the Notification Annexure-B dated 21st April, 1980 amending Part III of Schedule V of the Karnataka Weights and Measures (Enforcement) Rules, 1959 (for short the 'Rules') by providing pouring type cylindrical measures (schematic) as shown in figure 11 (B) to be used for measuring kerosene in retail trade.

(2.) The petitioner is a hawker dealing in kerosene under a licence issued to him in Davangere City, He has challenged the validity of the Notification Annexure-B on the around that it is illegal and highly discriminatory as the Government has applied different yardsticks among the kerosene dealers on the one hand and also between the traders in kerosene in general and other traders, which is quite illegal and unconstitutional, that there is no, rationale behind prescribing this method of measurement by using the pouring type cylindrical measure for measuring kerosene by the retail dealers as, if the hawkers use this cylindrical type measure, they cannot take kerosene In large quantities to the doors and there will be much wastage of kerosene both at the time of dipping the kerosene and delivering the same to the customers, at their doors, that if the cylindrical type measure is adopted, each hawker shall have to lose in a day not less than three to five litres of kerosene by way of wastage out of each barrel which will be a very big loss to a hawker when compare to his financial capacity, that the notification Annexure-B indirectly fetters the petitioners and other persons similarly placed from carrying on their trade since it is very difficult for them to sell kerosene by measuring it in cylindrical type rneasure, that the 1st respondent ought to have noticed that if it were to be its intention to replace the conical type measure measuring the oil and other liquid commodities then the insistence should have been in respect of all the traders, irrespective of the dealers in kerosene, other mineral oil, milk etc., instead of insisting upon only the kerosene dealers, that too who deal in kerosene on retail basis, that the Ist respondent ought to have noticed that by the notification Annexure-B, it will be driving out nearly 20,000 families in the State from self-employment who are depending upon the retail trade in kerosene for their livelihood and on these grounds, he prayed to declare the Notification Annexure-B as illegal and ultra vires by issuing an appropriate writ, order or direction in so far as it relates to the petitioner.

(3.) It seems to me that the grounds urged in the writ petition to show that the Notification Annexure-B is illegal and highly discriminatory are not well founded. The Karnataka Weights and Measures (Enforcement) Act, 1958 (Act No. 2 of 1959) (for short the 'Act') is intended for the enforcement of standard weights and measures in transactions, dealings or contracts in trade or commence. Section 3 of the Act envisages that in respect of weights and measures, working standard shall be maintained. Section 6 gives power to the State Government to prepare as many sets of weighing and measuring instruments as it may deem necessary for the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce. Under Section 8 of the Act, it is provided that the State Government may, by notification in the official gazette, direct that in any specified trade or class of trades, no transaction dealing or contract shall be made or had, except by 'weight only' or except by 'measure only' and such notification shall take effect in such area with, effect from such date and subject to such conditions, if any' as may be specified therein. Thus, it is seen from the above provisions of the Act that it is competent for the State Government to declare to use in trade or commerce the 'weights' or the measures' as the case may be in respect of different types of commodities.