S GANESHMAL JAIN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) In these petitions under Article 226 of the Constitution, the petitioners have sought for striking down the order dated 22nd May, 1984 bearing No. GSR/391(E)/ESS. Com/Sugar, issued by the Central Government, produced as Annexure-A.

(2.) It is contended on behalf of the petitioners that the impugned order - Annexure 'A', is violative of Articles 14 and 19(1)(g) of the Constitution in as much as it is arbitrary and imposes an unreasonable restriction on the fundamental right to carry on the trade. It is also further contended that it is not possible to exhaust the stock within ten days from the date of receipt of the stock ; therefore the condition that the stock of vaccum pan sugar of kandasari shall not be held for a period exceeding ten days from the date of receipt of the stock imposes an unreasonable restriction. It is also further contended that the authorities incharge of enforcement of the impugned order ate insisting that the stock of vaccum pan sugar of kandasari held by the petitioners should not continue for over a period of ten days even if the stock is less then 250 quintals.

(3.) Having regard to the aforesaid contentions, the following points arise for consideration : i) Whether the impugned order-Annexure 'A' is violative of Articles 14 and 19(1)(g) of the Constitution? ii) What is the scope and ambit of the impugned order-Annexure 'A' ?