COMMISSIONER OF CIVIL SUPPLIES Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These four Writ Appeals are directed against the judgments in four writ petitions filed impugning the action of the State Government in still requiring the obtaining of the licence for dealing in business of purchase and sale of edible oil seeds and edible oils.

(2.) The Writ Appeals 1546 to 1549 of 1998 are directed against the Writ Petition Nos. 3816/98, 7753/98, 17987/98 and 17979/98 respectively.

(3.) The matters are traceable to Essential Commodities Act, 1955 and the Orders issued thereunder. Essential Commodities Act is meant for control of production and supply and distribution of certain notified essential commodities. Edible oil seeds and edible oils were among such notified essential commodities in the Order issued by the State Government in exercise of the power under Section 3. One such order passed is 'Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977'. 'Dealer' is defined in clause 2(f) as 'a person engaged in the business of purchase, sale or storage for sale of any pulses, edible oilseeds or edible oils, whether or not in conjunction with any other business and includes his representative or agent'. 'Producer' is defined in clause 2(j) as a person carrying on the business of milling any of the pulses or expelling, extracting, manufacturing or refining any edible oil (i) by buying pulses or edible oilseeds for being processed by himself and selling the finished products to a wholesaler or through a commission agent; or (ii) by doing any of the processes of milling, expelling, extracting or manufacturing or refining on behalf of another. Clause 2(1) defines 'retailer' as a dealer in pulses or in edible oilseeds or in edible oils, who is not a wholesaler. Under clause 2(n) 'wholesaler' means a dealer in pulses or in edible oilseeds or in edible oils who sells such commodities to other dealers or to bulk consumers. Clause 3 deals with licensing of dealer and producers which reads: