ROHINI KUMAR JHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been registered on the basis of a letter dated 10th Jan., 2001 written by one Rohini Kumar Jha, r/o Power House Chowk, Vijay Ward, Jagdalpur (Bastar), Chhattisgarh. In the letter, it is contended that the State of Chhattisgarh and Cement Industries have entered into an agreement to sell the cement to the State at lower rate and to the consumer at higher rate. This Court felt that some clarification from the concerned authorities is required. Office was directed to supply a copy of the letter to the counsel for the State.

(2.) The State has filed reply. The stand of the State is that Rs. 90.00 per bag is factory price and besides this there are sales tax, surcharge, transportation charges and excise duties, dealers commission, so the price to the consumer is high and State being a bulk consumer was supplied at the rate of Rs. 90.00 per bag. Learned counsel for the State submitted that there is no such agreement between the State and Cement industries/manufacturers.

(3.) An intervention application was filed by one Smt. Pushpa Tiwari in support of the petition. The intervention application is to the effect that the State has to be concerned with the price rise and there are alarming reports regarding price hike. It is pointed out in the intervention application that proceedings are pending against leading cement companies in Monopolies and Restrictive Trade Practices Commission (M.R.T.P.C). The reliefs claimed are that Union of India be directed to rescind the Notification No. 44 (RE- 200/1997-2002), dated 24-11-2000 Annexure P-21, and respondent be directed to invoke the M.P. Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Order, 1980 and to make suitable legislation. The respondent be directed to make suitable legislation in accordance with item 34 of the concurrent list of Schedule 7 of the Constitution of India. A further relief has been sought to direct the Monopolies and Restrictive Trade Practices Commission to enquire into the complaints and to submit report. It is further prayed that respondent be directed not to cause discrimination by purchasing cement cheaper than what is being made available to the public at large.