MAHADESHWARA STORES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of learned counsel, these appeals were treated as having been posted for hearing and we heard them.

(2.) These are appeals from the common order of Puttaswamy, J., dismissing WP Nos. 8703 to 8705, 9362 and 9651 of 1981. The petitioners therein have presented these appeals. For the sake of convenience, the parties will hereinafter be referred to according to their respective positions in the writ petitions.

(3.) S. 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'), confers upon the Central Government, power to make orders, inter alia, for regulating by licences, storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity. S. 2 (a) of the Act defines the term 'essential commodity' to mean, inter alia, sugar and foodstuffs including edible oil seeds and oils. S. 5 of the Act authorises the Central Government to delegate, by a notified order, the power conferred upon it under S. 3 thereof, to a State Government. By its notified Order No. GSR 888 dt. 28th June 1961, issued under S. 5 of the Act, the Central Government delegated its powers of making certain orders under S. 3 of the Act to the Karnataka State Government (hereinafter referred to as 'the State Government'). In exercise of such delegated power, the State Government made the Karnataka Sugar Dealers Licensing Order, 1962 (hereinafter referred to as 'the Sugar Order") and the Karnataka Food-grains (Retail) Dealers Licensing Order, 1964 (hereinafter referred to as 'the Food-grains Order'). The Sugar Order provides for regulating the Issue and cancellation of licences to persons to be engaged in the business of purchase, sale or storage for sale of sugar exceeding 5 quintals, at any one time. The Foodgraias Order provides for regulating the issue and cancellation of licences to any person to be engaged in business of purchase, sale or storage or for sale of food-grains exceeding certain quantities of food-grains, such as, paddy, rice, jowar, wheat and wheat products.