H A HAJEE ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Article 226 of the Constitution, the sole question for decision is, whether the Karnataka Automobile Tyres and Tubes (Control) Order, 1971, is ultra vires and void as contended for the petitioners.

(2.) The said order was made by the State Government in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) (hereinafter called 'the Act'), read with S. O. No. 1844, dated the 18th of June, 1966 issued by the Government of India. It was made on 13th December, 1971, and published in the Karnataka Gazette dated 14th of December, 1971. It extends to the whole of the State of Karnataka. It provides, among others, for regulating the sale of tyres and tubes of all varieties, issuing of licence and prosecution for contravening the conditions of the licence.

(3.) The petitioners are dealers in tyres and tubes. Their common contention is that the State Government have had no power validly delegated by the Central Government under Section 5 of the Act, to provide for the matters in relation to the automobile tyres and tubes.