SURINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge has been made in this writ petition to the newly enacted and enforced Order called as "The Punjab Regulation of Compounded Feed, Concentrates and Mineral Mixtures Order, 1988" (for short, the order).

(2.) The petitioner claims that he is a manufacturer of compounded cattle feed, which is a mixture of cattle feed ingredients containing nutrients derived from grains, seeds, by-products of grain, oil cakes and meals, tubers and roots, animal products and other agro-industrial by-products. Clause (3) of the Order prohibits a dealer from manufacturing, selling or/and distributing in any manner compounded cattle feed, concentrates or mineral mixtures unless these are of B.I.S. specifications and unless such a dealer gets himself registered under the Order. The B.I.S. specifications, provides clause 2(i) of the Order, are those specifications as are laid down by the Bureau of Indian Standards of Government of India. Since the order has the effect of causing disturbance to the present activity of the petitioner towards manufacturing compounded cattle feed etc. he has approached this Court to have the Order declared to have been enacted and enforced without authority of law.

(3.) Mr. H.L. Sibal, learned counsel for the petitioner, submitted that the State Government of Punjab could not enact and enforce the older unless it had been delegated powers under section 5 of the Essential Commodities Act, 1955. That provision reads as follows : -