ANDHRA PRADESH OIL MILLERS ASSOCIATION LIMITED KISHEN GUNJ Vs. COMMISSIONER OF CIVIL SUPPLIES AND CONSUMER AFFAIRS HYDERABAD

JUDGEMENT

(1.) The question that arises for consideration is whether the dealers in edible oil seeds or edible oils are still required to obtain licence under the A.P. Scheduled Commodities Dealers' (Licensing and Distribution) Order, 1982 in view of amendment deleting the edible oil seeds and edible oils from the purview of Pulses, Edible Oil seeds and Edible Oils (Storage Control) Order, 1977.

(2.) In both the Writ Petitions common questions of law arise for consideration. Therefore, they are disposed of by a common judgment

(3.) The petitioner is an Oil Millers Association and the members of the association are the manufacturers and dealers of edible oils. The edible oil seeds as well as edible oil are declared as essential commodities under Section 2(a)(v) of the Essential Commodities Act (for short 'the Act') if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supply of any essential commodity or for securing their equitable distribution and available at fair price or for securing any essential commodities for the defence of India or for the efficient conduct of the Military operations, it may issue any order prohibiting or regulating the production, supply and distribution thereof in trade and commerce therein. Under Section 3 of the Act the Central Government is empowered to make the order. Under sub-section (2) of Section 3, the Central Government may also make an order of regulating licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any of the essential commodities. Under Section 5 of the Act, the Central Government by a notification delegate any power exercisable by it to the State Government of such conditions as it may impose. Thus, it is stated that it is only when the Central Government forms an opinion under Section 3, it may issue an order in terms of the opinion. Under Section 5 also, the State Government can issue the order in consonance with the order of the Central Government.