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august 1975

Supreme Court of India · 1975-08-26

STATE OF ANDHRA PRADESH & ANR. vs POTTA SANYASI RAO & ORS.

Citation / case number
SC 1974/60307
Court
Supreme Court of India
Petitioner
STATE OF ANDHRA PRADESH & ANR.
Respondent
POTTA SANYASI RAO & ORS.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that the Andhra Pradesh Tyres and Tubes Dealers’ Licensing Order, 1973 was struck down as illegal and ultra vires, as the State Government lacked the authority to issue orders regarding commodities declared essential by the Central Government after the delegation of powers under Section 5 of the Essential Commodities Act, 1955. The Court clarified that the delegation of powers does not extend to commodities designated as essential after the delegation. The appeal by the State Government was dismissed, upholding the High Court's decision.

STATE OF ANDHRA PRADESH & ANR. vs POTTA SANYASI RAO & ORS. · Niyam