G P SHIVAPRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 16-9-1963 the petitioner had made an application in accordance with Clause 5 of the Motor Cars (Distribution and Sale) Control order, 1959 (hereinafter referred to as the Cars Control Order), for purchase of a Fiat Car. As required by Cl.5 (2) of that Order, he had furnished a Bank guarantee for Rs. 2000/- to Respondent No. 2, who is the authorised dealer of Fiat Cars. Consequent upon the amendment of the Cars Control Order, by the notification dated 29-6-1965, the petitioner was asked to make a cash deposit of Rupees 2000/- in a Post Office and to pledge the Post Office Savings Bank Pass Book with Respondent No. 2 in lieu of the Bank guarantee furnished earlier.

(2.) Feeling aggrieved by this requirement to deposit cash, the petitioner has filed this petition under art. 226 of the Constitution challenging the validity of amended Sub-clause (2) of Clause 5 of the Cars Control Order.

(3.) The Cars Control Order was made by the Central Government on 1-5-1959 in exercise of the powers conferred by S. 18G of the Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951) (hereinafter referred to as the Regulation Act), Clause 5 of that Order, as it stood originally reads:-