BASAPPA Vs. TEXTILE COMMISSIONER BOMBAY 1

JUDGEMENT

(1.) As common questions of law arise for determination in these cases. I propose to dispose of them by a common order.

(2.) Among others, the petitioners, who own lea than five powerlooms claim to be solely engaged in the manufacture of coloured sarees in the several parts of Karnataka State but with considerable concentration at places like Banahatti, Rabkavi, Terdal, Mahalingapur and some other places of Bijapur, Dharwar and Belgaum Districts.

(3.) In exercise of the powers conferred on him by Clause 20 f the Cotton Textiles (Control) Order 1948 (hereinafter -referred to as the Control Order), the joint Textile Commissioner, Government of India (hereinafter referred to as 'the Commissioner') by Notifications Nos. CER/10/77 and CER/2/77 dated 15th Aprl. 1977, has issued various directions regulating the production of cotton textiles by different manufacturers in the country to be In force till 31-8-1982. By one of the directions, owners of less than five powerlooms are prohibited from producing coloured sarees except for purposes of export from this country. As a result of the above directions, coloured sarees for internal market in the country can be exclusively produced on handlooms and no other. The petitioners claim, that the directions of the Commissioner would put them out of their trade and business, and therefore they have moved this Court under Article 226 of the Constitution, challenged the validity of Clause 20 of the Control Order and the said directions on diverse grounds.