LAWS(APH)-1988-9-18

MOHD OHOUSE Vs. GOVT OF A P

Decided On September 09, 1988
MOHD.OHOUSE Appellant
V/S
GOVT. OF A.P.REPRESENTED BY ITS SECRETARY, FOOD AND AGRICULTURE DEPARTMENT SECRETARIAT BUILDINGS, HYDERABAD Respondents

JUDGEMENT

(1.) The contention of the petitioner is that Tea is not an essential commodity and therefore, the order issued by the Government in exercise of the power under Section 3 of the Essential Commodities Act (Act X of 1955) for short "the Act", and the consequential statutory order No. 95 dated January 7, 1984 made by the Government of India promulgating Tea (Registration of Dealers & Declaration of Stocks) Order 1984 and G. O. Ms. No. 144, Food and Agriculture (C. S. III) Depart, ment dated April 17, 1984 is not valid. Section 2 (a) of the Act defines "essential commodity" as follows ;

(2.) Entry 33 of the Concurrent List confers power to make law regarding trade and commerce in, and the production, supply and distribution of :

(3.) It is not necessary to mention clauses (c) to (e) herein. Hence they are omitted.