ADITYA TRANSLINK PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioners challenged two notices in the form of letters being dated 13th December, 2002 and 11th January, 2003 respectively issued by the Jute Commissioner, under Government of India, Ministry of Textiles, 20-B, Abdul Hamid Street, Kolkata-700069. The subject matter of issuance of such notices are in respect of compulsory purchase of raw jute by manufacturers of jute goods from any person or agency as may be specified by Jute Commissioner in terms of Gazette Notification No. S.O. 1160(E) dated 1-11-2002 and on the subject of direct purchase of 2,50,000 bales of 665 G.M.B.T. Twill bags by Government of Haryana against tender opened on 22-12-2002.

(2.) Upon scanning the first letter I find that the various departments of the food and supplies of consumer affairs of the different States including State of Haryana were informed to incorporate a suitable clause in the tender enquiry for purchase of equal quantity of raw jute from Jute Commissioner of India, notified and the price so fixed has been intimated and it becomes compulsory under Section 5(1) of the Jute and Jute Textiles Control Order, 2002.

(3.) From the Gazette Notification dated 19th April, 2000 Central Government made a Jute and Jute Textiles Control Order, 2000 in exercise of power conferred by Section 3 of the Essential Commodities Act, 1955. Order No. 3, Order No. 4 and Order No. 5 (before and after amendment) are essential for discussion. Order No. 3 gives the power to the Jute Commissioner to fix the price. Order No. 4 gives power to him to control production of the Jute textiles. Order No. 5 gives the power to regulate stocks of raw jute. Order No. 5 was duly amended by a further notification dated 1st November, 2002 by incorporating a clause, amongst others, to specify the maximum or minimum quantity of raw jute or any specified variety of jute which a manufacturer shall purchase from any specified person or agency or otherwise, during any specified period.