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january 1989

Supreme Court of India · 1989-01-18

DISTRICT COLLECTOR CHITTOOR & ORS. vs CHITTOOR DISTRICT GROUNDNUT TRADERSASSOCIATION & ORS. ETC.

Citation / case number
SC 1987/70946
Court
Supreme Court of India
Petitioner
DISTRICT COLLECTOR CHITTOOR & ORS.
Respondent
CHITTOOR DISTRICT GROUNDNUT TRADERSASSOCIATION & ORS. ETC.
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court held that the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982, was ultra vires and invalid as it imposed restrictions on the transport of groundnut oil seeds and oil without the necessary prior concurrence from the Central Government as mandated by Section 3(2)(f) of the Essential Commodities Act, 1955. The Court clarified that the delegation of powers under Section 3(1) does not allow the State Government to exceed the limits set by the Central Government's notification. Consequently, the restrictions imposed by the State Government were declared illegal and invalid.

DISTRICT COLLECTOR CHITTOOR & ORS. vs CHITTOOR DISTRICT GROUNDNUT TRADERSASSOCIATION & ORS. ETC. · Niyam