GHULAM RASOOL MISGER Vs. STATE
HIGH COURT OF JAMMU AND KASHMIR
GHULAM RASOOL MISGER
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(1.) These three writ petitions are decided by a common judgement because there is a common question of law and fact involved in all the three petitions.
(2.) Petitioners claim to be small scale industrial units registered as such by respondent No. 3 for manufacturing/processing activity of copper utensils which is reflected by the registration certificates granted to them. After registration, petitioners are said to have installed machinery for production of various articles made out of copper. They are said to have obtained loan from the Jammu and Kashmir Bank for running their units. Ever since the installation of their plant and machinery, the petitioners are manufacturing various copper utensils details whereof are given in para 4 of the writ petition (writ petition No. 254/85). A circular is said to have been issued to the petitioners by respondent No. 3 on 22-2-1985 whereby they are directed not to manufacture the utensils, mentioned in the said order by machine, and in the event of any violation of the said order, they are told that their registration shall be liable to be cancelled. Director Industries and Commerce has by his letter dated 7-2-1985 asked the General Manager, District Industries Centre Srinagar to issue the follow up orders, which the respondent No. 3, General Manager District Industries Centre, Srinagar has issued. This letter and order seems to be based on some report which was prepared in respect of the complaint against Copper utensils Manufacturing units.
(3.) Petitioner's case is that the restriction on their right to conduct trade is violative of their fundamental rights as guaranteed to them under Art.19(g) of the Constitution of India. It is stated that respondents 2 and 3 have no right, authority or competence to impose restriction on the fundamental rights of the petitioners in respect of their trade which they are lawfully conducting. The said order is challenged on the anvil of guarantees contained in Art.14 of the Constitution and it is prayed that the said order be quashed as being ultra vires the Constitution.;
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