LABELA DHARMA SAHU Vs. COMMISSIONER FOR CIVIL SUPPLIES
LAWS(APH)-1992-9-9
HIGH COURT OF ANDHRA PRADESH
Decided on September 28,1992

LABELA DHARMA SAHU Appellant
VERSUS
COMMISSIONER FOR CO-OPERATION AND REGISTRAR OF CO-OPERATIVE SOCIETIES, ANDHRA PRADESH, HYDERABAD Respondents

JUDGEMENT

- (1.)The rejection of permission to review the old rice mill of the petitioner which had been functioning since 1964 under the impugned order dt.6-5-1991 is not traceable to any of the provisions of the statute or the rules framed thereunder.
(2.)Mr. Manmadareddy, appearing for the Govt. Pleader, says that eventhough there is no statutory provision or a statutory rule for imposition of restriction for opening the rice mill within 5 kilometres of the border area, but it is by an executive instruction. I cannot countenance this argument for the simple reason that by an executive instruction that too issued by the Commissioner of Civil Supplies, such an embargo cannot be created. The same infracts the fundamental right of the petitioner guaranteed under Article 19(l)(g) of the Constitution of India. It is not an embargo under statute or rule framed in exercise of the powers contained under the said statute. It is also not disputed that several other rice mills are functioning within the belt of the said 5 kilometres and the petitioner is also not going to set up new rice mill. He had been running the rice mill under valid orders, but the same was disrupted due to some reasons beyond his control and is now prepared to revive the same. There cannot be any sustainable objection for this under the Constitution and particularly when there is no statute placing such an embargo.
(3.)In the above circumstances the impugned order is set aside. The writ petition is allowed accordingly. No order as to costs.
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