SOHAN LAL LOONKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ONLY one short point has been argued in support of this write petition and it is this that sec. 5-A inserted in the Rajasthan (Display of Prices of Essential Commodities) Order, 1966 (which will hereinafter be referred to as 'the order') is ultra vires and void having been made without the prior concurrence of the Central Government and, therefore, the orders Exhibit-1 and Exhibit 2 dated 3 May, 1974 and 1 July, 1974 respectively, issued by the Collector, Barmer and the confiac-ation of the cement and the prosecution launched against the petitioner in pursuance there of are liable to be quashed.

(2.) IN exercise of the powers conferred by Section 5 of the Essential Commodities Act (Act No. 10 of 1955), the Central Government, vide S. O. No. 1844 dated June 18, 1966, directed : - " (a) that the powers conferred on it by subsection (i) of section 3 of the said Act to make orders to provide for the matters specified in clauses (d), (e), (f), (g), (h) (i) (ii), and (j) of sub section (2) thereof shall, inrelation to all commodities other than food-stuffs and fertilisers (whether inorganic, organic or mixed), be exercisable also by a State Government or, in relation to a Union Territory, by the Administrator thereof, subject to the following conditions, namely, - (ii) that all orders under clause (f) shall require the prior concurrence of the Central Government:

(3.) THE Collector, Barmer, issued the directions (Ex. 1) dated 3 May, 1974 in exercise of the powers conferred upon him by the aforesaid clause '5-A' whereby he ordered that the dealers in cement shall be entitled to sell only 30% of the cement in their stock in the open market and the rest 70% shall be kept in reserve. He also directed that no dealer in cement shall export any cement outside the district of Barmer without written permission from the Collector.