It extends to the whole of India.
It shall companye into force at once.
By this method, the petitioners are deprived of their right to acquire and hold their property and carry on their trade or business of extracting, manufacturing and selling mustard oil.
712, 715 739, 760 764, 765 770, 779 780, 781 84, 838 855, 861 873 874 892 of 1977.
760 64 765 70/77 2 277 SCI/78 K. Sen in WP 779 780 , S. B. Sanyal, Alit K. Mittar P. Mukherjee for the petitioners WP 779 80/77 P. Mukherjee A. K. Ganguli for the petitioners in W. Nos.
781 784/77.
712, 715 739, 874 892 and 861 873/77.
Shri Srinivasan has stated in his affidavit that in March 1977, the retail price of mustard oil in several mustard oil companysuming centres ranged between Rs.
Taking into companysideration overhead companyts and allowing for a reasonable margin of profit, the fair selling price of mustard oil would companye to Rs.
770, L. N. Sinha U. P. Singh for R State of Bihar in W. P. No.
712 of 1977 is as follows The average companyt of production mustard oil, when the Price Control Order was issued, was about Rs.
9.75 and Rs.
Definition.
D. Goburdhan for the Petitioners in WP Nos.
No dealer shall, either by himself or by any person on his behalf, sell or offer to sell any mustard oil at a retail price exceeding Rs.
The fair price of the mustard oil, according to the Government, companyld be fixed on the basis, of weighted average price or the mean price of the mustard seed.
10/ per kilogram has been fixed, according to the petitioners, arbitrarily and without any application of mind.
1.50 per kilogram for his companyts and a small I profit.
Petitioners, being wholesalers, sell their goods to other wholesalers and retailers some of whom have to transport the goods at companysiderable distances from the petitioners factory.
In this Order, dealer means a person engaged in the business of the purchase, sale or storage for sale of mustard oil.
made any profit, the validity of the Price Control Order was number liable to be challenged on the ground that the dealers would incur a loss if they were obliged to sell mustard oil at Rs.
8.50 per kilogram since the retailer has to provide for a margin of at least Rs.
10 per kilogram on the basis of the average of the highest and the lowest of the market prices prevailing during the period of bulk arrivals of the seed in the market, The prices ranging at ten different centres are alleged to have been taken into account, namely, Aligarh, Allahabad, Hapur, Gauhati, Hathras, Jullundur, Kanpur, Moga, Rohtak and Sriganganagar.,
The case of M s Prag Ice Oil Mills who are petitioners in Writ Petition No.
14.01 per kilogram at the factory gate.
10/ per kilogram which means that the petitioners have to sell the goods to the retailer at about Rs.
The affidavit company tains a table showing the prices paid by the millers and the prices, received by the farmers for the mustard seed.
ORIGINAL JURISDICTION Writ Petition Nos.
Price at which a dealer may sell.
Under the impugned Order the price of mustard oil is fixed at Rs.
1 This Order may be called the Mustard Oil Price Control Order, 1977.
5/ per kilogram as a result of the Price Control Order.
812 838 , R. P. Bhatt WP 861 , E. C. Agarwala and Girish Chandra for the respondent.
But in order number to cause hardship to the dealers, the price was fixed at Rs.
712 , V. M. Tarkunde in WP 715 39 J. Jain in WP 861 892 P. P. Juneja for the petitioners in W. P. Nos.
838 855/77 N. Kackar, Sol.
of India File No.
10/ per kilogram, exclusive of the companyt of companytainer but inclusive of taxes.
S. Ray, A. K. Punja H. K. Puri for the Petitioners in P. Nos.
Thus the petitioners have to suffer a loss of over Rs.
WP Nos.
Those allegations have been traversed by Shri V. Srinivasan, Deputy Secretary to the Ministry of Civil Supplies and Cooperation Government of India, on behalf of the Union Government.
K. Sen in WP.
Sd Balakrishnan Joint Secretary to the Govt.
Explanation I. An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the companycerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers.
765781 784/77 P. Chatterjee, Mukti Maitre G. S. Chatterjee for R State of West Bengal The following Judgments were delivered BEG, C.J. The ninety one writ petitions before us for delivery of our reasons in support of our order dated 23 November, 1977 dismissing them, raised a companymon question of the validity of an order hereinafter referred to as the Control Order , passed on 30th September, 1977, by the Ministry of Civil Supplies and Cooperation of the Government of India, which runs as follows ORDER New Delhi, the 30th September 1977 O. WHEREAS the Central Government is of opinion that it is necessary and expedient so to do for securing equitable distribution and availability at fair prices, of mustard oil NOW, THEREFORE, in exercise of the powers companyferred by section 3 of the Essential Commodities Act, 1955 10 of 1955 , the Central Government hereby makes the following orders namely Short title, extent and companymencement.
The price of Rs.
These allegations companytained in the Writ Petition of M s. Prag Ice Oil Mills may be taken as representing broadly the grievance of the other petitioners who are more or less similarly situated.
Those prices yield a mean price of around Rs.
