STATE OF GUJARAT Vs. SAURASHTRA OIL MILLS ASSOCIATION

JUDGEMENT

(1.) These two appeals are directed against the common judgement and order dated 11th April 2001 passed by the learned Single Judge in Special Civil Applications Nos. 9446 of 2000 (Letters Patent Appeal No. 331 of 2001) and 9764 of 2000 (Letters Patent Appeal No. 330 of 2001), by which these two Special Civil Applications were allowed by setting aside the impugned Order dated 26th July 2000 at Annexure `A' to the petitions, prescribing stock limit of edible oilseeds and edible oils under clause 24(1) of the Gujarat Essential Articles (Licencing, Control & Stock Declaration) Order, 1981 (hereinafter referred to as `the State Order of 1981'), and by ordering that the words `edible oilseeds and edible oils' wherever occurring in the State Order of 1981 stand deleted hereafter.

(2.) In Special Civil Application No. 9764 of 2000, the petitioner (Shri Saurashtra Oil Mills Association) had challenged the order made by the respondent No.1 State on 26-7-2000 at Annexure `A' to the petition, by which in pursuance of sub-clause (1) of clause 24 of the State Order of 1981, the Government of Gujarat amended the order dated 14th August 1998 by substituting the storage limits in respect of dealers and thereby providing that no dealer shall either by himself or by any person on his behalf store or have in his possession at any time any edible oilseeds or edible oils in excess of the quantities specified thereunder, which were 1000 quintals for wholesaler of edible oilseeds including groundnut in shell, and, 100 quintals for retailer (all edible oilseeds taken together); and 300 quintals for the wholesaler and 20 quintals for the retailers (all edible oils including hydrogenated vegetable oils). The Order dated 14th August 1998 in which the amendment was made by the impugned Order of 26th July 2000 was made under clause 24(1) of the State Order of 1981 providing the stock limits for the aforesaid items which were 2000 quintals for edible oilseeds including groundnut in shell for the wholesaler and 100 quintals for the retailer. It provided the stock limits of 600 quintals in respect of edible oils for the wholesaler and 20 quintals for the retailer.

(3.) In Special Civil Application No. 9446 of 2000 (filed by the petitioner - Rajmoti Industries), the impugned Order passed by the State Government on 26-7-2000 at Annexure `A' to that petition has been challenged on the same grounds as are narrated above, and a declaration is also sought that the words `edible oilseeds and edible oils' wherever occurring in the State Order of 1981 stand deleted forthwith. Even the respondents have taken up identical contentions in the affidavits in reply filed by them in that petition and these have already been referred to hereinabove.