TULASIDAS MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions have been filed for quashing of the Orissa PublicDistribution System (Control) Order, 2008 issued on 13th of March, 2008 by the Food and Suppliesand Consumer Welfare Department and also for a declaration that the clauses thereunder are notapplicable to those petitioners who are operating as wholesaler/sub-wholesaler in the State.Therefore, they were heard together and are disposed of by this common order. Since the facts andthe relief claimed in all these writ petitions are similar, it is not necessary to discuss the facts of all thecases. Therefore, we refer to the facts as mentioned in W.P.(C) No.6037 of 2008.

(2.) THE brief facts of the case are that the Food Supplies and Consumer Welfare Department of theGovernment of Orissa issued a notification on 13.3.2008 in exercise of powers conferred underSection 3 of the Essential Commodities Act, 1955 (10 of 1955) read with paragraph 5 of the Annexureto the Public Distribution System (Control) Order, 2001 published in the Gazette of India, ExtraordinaryPart II, Section 3, Sub-section (i), No.434, dated 31st of August, 2001 and the notification ofGovernment of India, in the Ministry of Agriculture and Irrigation (Department of Food), GSR 800,dated 9th of June, 1978, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section(i) dated 17th of June, 1979 and the notifications in the Ministry of Industry and Civil Supplies(Department of Civil Supplied and Co-operation) No.S.O.681 (E) and S.O.682 (E) both dated 30 th ofNovember, 1974 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)dated 30th of November, 1974, issued the order namely, Orissa Public Distribution System (Control)Order, 2008 (in short '2008 Order'). In Clause-5 of the 2008 Order, it has been mentioned that nodealer shall hold a license to deal in a commodity under the Public Distribution System under thisOrder if he or any of his family members has a commercial interest in a business in or are commercialusers of the said commodity or is a member of any Advisory or Vigilance Committee or any otherCommittee entrusted with supervision of the Public Distribution System. THE said paragraph is quotedas under for reference.