MALLIKARJUNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question Involved in these petitions is one relating to the power of the Karnataka Govt to prohibit the export of cotton seeds outside the State.

(2.) The facts leading to those-petitions are these The petitioners are dealers in cotton and cotton seeds at Yadgirl in the Dist of Gulbarga. They want to export cotton, seeds to places outside the State but the Dy Commr of the Dist has directed the Station-Masters of all the Railway Stations in the Dist not to book for exporting any variety of cotton seeds of 1973-74 harvest except Jayadhar cotton seeds for which also the petitioners shall obtain permit in accordance with, the circular instructions issued by the State Govt. The State has restricted or prohibited the export of cattle fodder including cotton seeds, by the order made under the Essential Commodities Act(shortly called "the Act'). The cattle; fodder is defined as an essantial commodity under the Act. Sec.3(1) of the Act provides powers to the Central Govt to make erders if it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices. S.5 of the Act provides for delegation of that power. By the said section, the Central Govt may, by notified order, delegate to the State Govt or such Officer, the power to make orders under S.3, in relation to any essential commodity. The Govt of India by their notification dt.4-8-1972-SC 519(E) delegated the power to make orders under the Act, to the State Govt, in relation to the cattle fodder of any of the varieties specified in the Schedule therein. The cotton seed was not one of the varieties of cattle fodder set out in that Schedule. The order was to remain in force upto and inclusive of 33st January 1973 only. It was however, extended upto 31st March 1973 by a further delegation from the Central Govt. by SO 58(E) dt.31-1-1973. On 1-3-1973, the Central Govt delegated their power under S.5, to the State, to make orders in referencsi to cotton seed also by suitably amending their earlier two notified orders. From these notifications, it becomes clear that the State Govt got jurisdiction to maka orderG under S.3 of the Act in reference to the cotton sesds only upto 31st March 1973. No other notification has been brought to my notice by Counsel on both sides by which the Central Govt delegated their powers to the State, to make orders under S.3 in regsrd to cotton seeds beyond 31-3-1973. On 21st Novr 1972 the State Govt in exercise of the powers delegated to them, made an order under S.3 of the Act regulating the export of cattle fodder. The order was termed as the Karnataka Cattle Fodder (Regulation of Export) (No.2) Order, 1972 by which restrictions were imposed on export of certain varieties of cattle fodder. Cotton seeds were, initially not covered by the said order. It came to be included by an amendment dated 19-3-1973. Thereafter, the State Govt issued a Circular d .30-3-1974 permitting the Dy Commrs to issue permijs for expert of all varieties of cotton speed except Varalakshmi and H.4 of 1972-73 harvest only and further stating that no permit for export of cotton seed of 1973- 74 harvest should be issued under any circumstances. On 18-5-74 the State Govt issued another circular permitting all the Dy Commrs to issue permits only for export of Jayadhar cotton seeds of 1973-74 harvest.

(3.) In view of the above restrictions imposed by the Govt, the Dy Commr of Gulbarga Dist has informed all the Station Masters of the Railway Stations within his Dist, not to book cotton seeds for export harvested in the year 1973-74 harvest, except Jayadhar cotton seeds. The question herein is whether State Govt was right in preventing or regulating the export of cotton seeds after 31-3-1574.