NDLI: Saurashtra Oil Mills Association, Gujarat Vs. State of Gujarat and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Control Stock Declaration) Order Gujarat Essential Articles (Licensing 1981
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Gujarat Essential Articles (Licensing, Control Stock Declaration) Order, 1981: Clause 24(1)-order issued under-Validity of.Pulses and Edible Oils (Storage Control) Order, 1977:Central Order-Deletion of item from- Effect on State Order. State of Gujarat-Order by-Amendment of earlier order-Substitution of storage limits applicable to dealers in Edible Oils and Edible Oilseeds-Held, valid-Deletion of Item 'Edible Oilseeds and Edible Oils' from Central Order-State Order was not impliedly repealed-There was no conflict between State and Central Order-Both Central Government and State Government had powers to make orders. Constitution of India, 1950-Articles 136 and 141. Special Leave Petition- Dismissal in limine-Such a dismissal is not declaration of law- Such a dismissal does not operate as a binding precedent-Doctrine of merger held inapplicable.In exercise of its power under sub-clause (i) of Clause 24 of the Gujarat Essential Articles (Licensing, Control Stock Declaration) Order, 1981 State of Gujarat issued an Order dated 26th July, 2000. This Order amended an earlier Order dated 14th August, 1998 substituting the storage limits in respect of Edible Oilseeds and Edible Oils. The controversy in this case has arisen because on 10th November, 1997 the Central Government decided to amend its Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order of 1977 whereby it deleted the items 'Edible Oilseeds and Edible Oils' from the Order. Accordingly a letter was addressed on 13th November, 1997 by the Directorate of Vanaspati, Vegetable Oils and Fats to the Secretaries, Food and Civil Supplies Department of all the States for compliance with the Central Amendment Order. Further by a Notification dated 9.6.1978, Central Government delegated its powers under Section 3 of the Essential Commodities Act, 1955 to State Government for passing orders in relation to foodstuffs subject to prescribed conditions. The Appellant-Association filed a writ petition challenging the order of 1981 contending that (i) the effect of deleting the words 'Edible Oilseeds and Edible Oils' by the Central Government from the Preamble and various clauses of the Central Order of 1977 was that the State Government too was required to delete these words from the State Order of 1981, (ii) the impugned order was violative of Articles 14, 19(i)(g), 246, 251 and 256 of the Constitution. Respondents contested the petition contending that (i) there was no conflict between the Central and the State Orders, because the State Government had delegated its power under Section 3 read with Section 5 of the Essential Commodities Act read with the Orders of the Government of India made on 3.11.1974 and 9.6.1978; (ii) it was empowered to pass the impugned Order under clause 24(1) of the State Order of 1981 as these measures were required to be taken for controlling the regular supply and prices of the essential commodities; and (iii) The State of 1981 was issued after prior concurrence of the Central Government. Union of India supported the action of the State Government in its entirety. It was stated that by its letter dated 19th June, 1998 State of Gujarat brought to the notice of Government of India, the unabated rise in prices of edible oil and requested to reintroduce stock control at the earliest. Government of India by its letter dated 27th July, 1998 responded stating that powers under sub-section (1) of Section 3 had already been delegated to the State Government. Accordingly, the State Government was advised that, if it found appropriate, it could regulate the storage, distribution etc. of Edible Oilseeds and Edible Oils'. A single judge of the High Court allowed the Writ Petition holding that the provisions of State Order of 1981 could not operate because the powers delegated earlier stood withdrawn in view of the amendment in the Central Order of 1977. Against this judgment State of Gujarat preferred appeals which were allowed by the Division Bench. In appeal to this Court it was contended on behalf of the Appellant-Association that a similar action of the Government of Andhra Pradesh relating to similar provision was struck down by High Court of Andhra Pradesh and the Special Leave Petition against the said Order of the High Court has also been dismissed by this Court. Therefore with a view to maintaining consistency in orders passed by this Court these appeals should be allowed and the impugned judgment of the Gujarat High Court set aside.
Judge	Hon'ble Mr. Justice Ashok Bhan
Neutral Citation	2002 INSC 89
Petitioner	Saurashtra Oil Mills Association, Gujarat
Respondent	State Of Gujarat And Anr.
SCR	[2002] 1 S.C.R. 1099
Judgement Date	2002-02-19
Case Number	3959

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