SHAMJI MITHUBHAI VORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filed this petition in a representative capacity and I must confess that it is difficult to appreciate how the petitioner can be permitted to sue in a representative capacity on the facts and circumstances of the case. The facts set out hereinafter would make it clear that the relief sought by the petitioner was totally misconceived.

(2.) The Essential Commodities Act, 1955 was passed by the Central Government for the control of the production, supply and distribution of, and trade and commerce in, certain commodities. Section 2(a) enables the Central Government to notify by order any commodity as an essential commodity. Cement has been declared to be an essential commodity by the Central Government. Section 3 of the Act enables the Central Government by order to provide for regulating or prohibiting the production, supply and distribution thereof. Sub-section (2)(d) of section 3 confers power upon the Central Government to provide for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity. Section 5 of the Act enables the Central Government to delegate its power to any State Government or Officer or authority subordinate to the State Government. In exercise of the powers, the Central Government has delegated the powers to the Government of Maharashtra. In exercise of these powers, on May 21, 1973, the Government of Maharashtra published Maharashtra Cement (Licensing and Control) Order, 1973 (hereinafter referred to as the "Order"). Section 2(g) of this order defines "stockist" as a person who deals in cement involving the purchase, sale and storage for sale of cement, but does not include a manufacturer of cement. Section 3 of the order reads as under :---

(3.) On March 1, 1982, the Central Government informed the Secretary, Food and Civil Supplies Department of the Government of Maharashtra that the Government of India has announced partial decontrol of cement effective from February 28, 1982. The letter further recites that under the new system of cement distribution, the cement factories would be required to make available to the Government, for sale at controlled prices, a part of their production as levy cement, while the production in excess of the quantity of levy of cement will be sold by them in the open market without any price and distribution control. In pursuance of this letter, the Government of Maharashtra amended the Order of 1973 on March 20, 1982. In accordance with the amendment carried out, the Government informed the Controller of Rationing, Bombay about the fact of partial decontrol of cement.