The amendment catered to an upward revision of the prices.
The bone of companytention was number the power exercised by the State Government but the maximum prices fixed in exercise of the power companyferred on the State Government.
And peculiarly the State Government did number pursue vigorously its latest numberification dated January 5, 1981 because its operation was number stayed by the Court.
It seems some further negotiations took place between the Minister of Civil Supplies and Labour on the one hand and hoteliers on the other which led to a numberification dated January 5, 1981 1981 Order for short giving further upward revision in maximum price of scheduled items and the scheduled items were reduced from 7 to 6 deleting rice place.
While canvassing the submission, some attempt was made both on the side of the petitioners as well as on the side of the State to take us through the labyrinth of the tables drawn up by both side showing prices of inputs and overhead charges.
There were companysequential provisions such as power to issue directions, power to call for information, power of entry, search seizure and power to grant exemption as also power to amend the Schedule.
43 of 1981, 51 53, 415 18/81, 5465 5562/83, 1751 52/81 and 7763 7890 of 1983.
In the Writ Petition No.
Ignoring this latest order which replaced the earlier orders, the petitioners approached this Court and obtained an ex parte stay of the implementation of Orders dated September 5, 1978 and December 11, 1980.
The maximum prices were to be regulated as per the order dated January 5, 1981, and even though this Court was moved for ex parte stay on January 12, 1981, the fact that the latest order dated January 5, 1981 has replaced the earlier orders was suppressed from the Court.
43/81 the prayer clause reads as under Issue a writ of mandamus or any other appropriate writ or order holding that G.O. Ms. No.
In fact, but for the intervention by the Court staying the operation of earlier orders, the order dated January 5, 1981 was number stayed yet effectively the petitioners succeeded in putting into companyd storage the price fixation order leaving them free to charge any price unhampered and uninhibited by any governmental action.
The seven items enumerated in the Schedule appended to the 1978 Order include idli, vada, upma, sada dosa, puree, companyfee, tea and a rice plate scheduled items for short .
The Schedule and the rates set out therein were modified by the Amending Order dated December 11, 1980.
548 dated 8.9.1978 and G.O. Ms. No.
Dr. L. M. Singhvi, B. Kanta Rao, Lakshmi Kant Pandy and Eswara Prasad for the Petitioners.
4 makes it obligatory to display in English and principal language of the area the weight or measure and price of every item of foodstuff offered for sale in the establishment.
ORIGINAL JURISDICTION Writ Petition Nos.
This case amply illustrates the point.
Hoteliers of Andhra Pradesh raised a hue and cry when the Government of Andhra Pradesh the first respondent enacted and proclaimed in exercise of the powers companyferred by Sec.
3 of the Essential Commodities Act, 1955 1955 Act for short read with the numberification of the Ministry of Agriculture and Irrigation dated June 9, 1978, the Andhra Pradesh Catering Establishments Fixation and Display of Prices of Foodstuffs Order.
1978 1978 Order for short dated September 8, 1978 whereby it was made obligatory for the catering establishments to display the prices of all foodstuffs served by the establishment and simultaneously fixed the maximum price of seven items of food companyprising the poormans menu in the State of Andhra Pradesh.
32 and an ex parte stay which itself is success even if the petition ultimately fails because in the meantime the measure which may possibly affect their profits is kept under suspended animation and the profit being companytinuously derived from scattered companysumers is number refundable and the unjust enrichment is enjoyed with impunity.
S. Ganesh, Ms. Lata Krishnamoorty and T.V.S.N. Chari for the Respondent.
626 dated 11.12.1980 of the Government of Andhra Pradesh and the numberification issued by the Collector, the second respondent herein dated 16.12.1980 in pursuance of the said impugned Orders as ultra vires, unconstitutional and void and quash the same.
Even an imaginary marginal dent in the profits of the hoteliers stirs it into action by an easy resort to a writ petition under Art.
The Judgment of the Court was delivered by DESAI, J. Should Art.
3 of the Order prescribed maximum prices of the scheduled items of food and cl.
A clarificatory numberification was issued on October 3, 1978 giving certain directions.
