AHMEDABAD GHANTI MALIK MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the constitution of India is filed, challenging the Circular dated 26/7/2006 along with letters/orders dated 8/1/2007 and 9/1/2007 issued by the concerned respondents herein whereby the owners of various Attachakkis are directed to mix powder of iron and folic acid in the flour of foodgrains for the purpose of fortification, mainly on the ground that such orders/instructions are unauthorized, illegal, arbitrary, unreasonable and violative of fundamental rights conferred upon the petitioner mainly under Articles 14 and 19 (1) (G) of the constitution of India.

(2.) PETITIONER is an association, registered having registration No. G-1293 and the association has taken up the cause on behalf of its members. It is the case of the petitioner herein that all the members of the petitioner-Association are grinding food-grains and by impugned circular and orders/ letters, the respondent authority has exercised power contrary to law and directing the members of the petitioner association to perform the duties not envisaged by any statute or law time being in force. According to the petitioner, the members of the petitioner-Association cannot be compelled to get registration from the respondent-authority, at the same time cannot be forced to mix the iron and folic acid in the flour, since such an act on their part will result into breach of provisions of other statute in existence.

(3.) THE following main contentions are canvassed by the learned advocate appearing for the petitioner that the provisions of the Gujarat Essential Articles dealers (Regulations) Order, 1977 (for short 'the order of 1977') are not applicable to the members of the petitioner-Association, as they are not dealers as per the definition given in Section 2 (4) of the order of 1977, since the owners of attachakkis do not fall within the purview of the Order of 1977. They are neither the manufacturer nor stockist of the food and therefore, they are not required to be registered. Sub-Section 4 of Section 2 defines the definition of dealer which reads as under: "dealer" means a person who whether for commission, remuneration or otherwise and whether or not in conjunction with any other business, carries on the business of purchase, sale, storage for sale or manufacture, of any essential articles and includes his representative or agent, but does not include -