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PETITIONER: THE STATE OF RAJASTHAN
Vs.
RESPONDENT: NATH MAL AND MITHA MAL.
DATE OF JUDGMENT: 12/03/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN
CITATION: 1954 AIR 307 1954 SCR 982 CITATOR INFO : E&D 1960 SC 475 (9,12) R 1967 SC 829 (6) R 1974 SC 366 (58) RF 1981 SC 873 (18,27) R 1987 SC1802 (9)
ACT: Constitution of India, arts. 19(1)(f) and 31(2) -Rajasthan Foodgrains Control Order, 1949, cl. 25-Whether ultra vires the constitution.
HEADNOTE: Held, that the first portion of cl. 25 of the Rajasthan Foodgrains Control Order, 1949, relating to the freezing of stocks of foodgrains is not void under art. 19(1)(f) of the Constitution because such freezing of stocks of foodgrains is reasonably related 983 to the object which the Act was intended to achieve, namely to secure the equitable distribution and availability at fair prices and to regulate transport, distribution, disposal and acquisition of an essential commodity such as foodgrains. Hold, that the last portion of cl. 25 to the effect that " such stocks shall also be liable to be requisitioned or disposed of under orders of the said authority at the rate fixed for purposes of Government procurement ", is void both under art. 19(1)(f) and art. 31(2) of the Constitution:- (i)be...