NAGRIK UPBHOKTA M MANCH Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
NAGRIK UPBHOKTA M.MANCH,SHARAT CHANDRA TIWARI
UNION OF INDIA,STATE OF MADHYA PRADESH
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R. C. Lahoti, J. -
(1.)Challenge in the two writ petitions, to fixation of price of kerosene, a controlled commodity, wherein the Director of Food and Civil Supplies of the State of Madhya Pradesh and the Collectors of districts have included an amount by way of rounding off charges, has been turned down by the High Court of M.P. The aggrieved petitioners have filed these petitions for leave to appeal.
(3.)Admittedly, kerosene is a controlled commodity to which the Essential Commodities Act 1955 (hereinafter 'the Act', for short) applies. Under sub-section (1) of Section 3, if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodities or for securing their equitable distribution and availability at fair prices, it may by order provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Without prejudice to the generality of such power, under clause (c) of sub-section (2), the Central Government may by an order provide for controlling the price at which essential commodity may be bought or sold. Under Section 5, the Central Government may, by notified order, direct that the power to make orders or issue notifications under Section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercised also by such State Government or such officer or such authority subordinate to a State Government as may be specified in the direction. By Central Government Order No. 682(E) dated the 30th November, 1974, the Central Government, exercising the power conferred by Section 5, directed that the powers conferred on it by sub-section (1) of Section 3 of the Act to make orders to provide for the matters specified in clause (c) of sub-section (2) thereof shall, in relation to all essential commodities, other than food stuffs and fertilizers, be exercisable also by a State Government.
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