NARAIN DASS DAULAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of four civil writ petitions, Nos. 2385, 2386, 2396 and 2514 of 1978, involving a similar point.

(2.) THE petitioners in all these petitions are dealers in milk in the State of Haryana. They have challenged the legality of Notification NO. G. S. R. 57/c. A. 10/55/s. 3/78, dated May 24, 1978, (hereinafter referred to as the Notification), issued by the Government of Haryana under S. 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act), prohibiting the use of milk for the manufacture of cream etc. , as also its manufacture of cream etc. , as also its export from the State of Haryana, as detailed 1978, to July 14, 1978. According to the petitioners, the Notification is ultra vires the authority of the State government and further liable to be struck down because it offends their fundamental rights under Arts. 14 and 19 of the Constitution of India. The Notification is also claimed to be bad being violative of Art. 301 of the Constitution.

(3.) THE Act was enacted by Parliament and S. 3 thereof reads:-