Dismissed

M/S Dwarka Trading Company v. State Th.Capd Deptt.

J&K HC1 Oct 2021OWP/295/2010

Case brief

AI extract

What is this about?

Writ petition challenging State Government Service Rules as ultra vires the Constitution. High Court dismissed the petition, ruling that a Central notification under PFA Rules already governs the field, making further State directions unnecessary.

What did the court decide?

The writ petition was dismissed on the ground that the notification under PFA Rules 1955 governs the field. No further directions were required.

M/S Dwarka Trading Company Vs State… — Constitutional and Fundamental Rights | J&K HC (2021)

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Sr. No. 29

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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OWP No. 295/2010 (O&M)

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M/s Dwarka Trading Company

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Supreet Singh Johal, Adv.

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State Th. CAPD Deptt.

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.…. Respondent(s)

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Through: Mr. H. A. Siddiqui, Sr. AAG

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Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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The present writ petition has been filed by the petitioner for declaring the SRO No. 180 dated 4^th of June, 2003 and SRO No.407 dated 4^th of December, 2003 as ultra-vires to the Articles 14, 19 and 301 of the Constitution of India as they were beyond the scope of the provisions of Section 3 of the Essential Commodities (EC) Act.

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Reply has been filed by the respondents in which it is stated that matter was taken up with the Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, Govt of India and as per the minutes of the meetings, it was decided that the State Government would re-consider the matter keeping in view the fact that the Prevention Of Food Adulteration (PFA), Act had necessary provision for which the State Government was considering the issue of proposed order. It was also decided that in case the State Government still felt that a separate order has to be issued under EC Act, they would provide detailed justification for issue of such an order under the EC Act when similar provisions

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2 OWP No. 295/2010

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were made available in the PFA Act. Thereafter respondents No. 6 and 7 took up the matter with the Health and Medical Education Department of then State and

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the said department made the following observations:

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“that the Govt of Indian Ministry of Health and Family Welfare has already issued Notification vide GSR No. 670(E) dated 1711-2005 under PFA rules, 1955, as such, there is no need to issue any separate order under the PFA Act, 1955 and the rules made thereunder as the said Notification is also applicable to J&K State".

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In view of the categorical stand taken by the respondents No. 1 and 6 that the notification vide GSR No. 670(E) dated 17.11.2005 issued under PFA Rules

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1955 shall govern the field, no further directions are required to be issued by this

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Court. This petition is accordingly, dismissed.

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(RAJNESH OSWAL)
JUDGE
Jammu
01.10.2021
Paramjeet
Whether the order is speaking : Yes / No
Whether the order is reportable : Yes / No

M/S Dwarka Trading Company v. State Th.Capd Deptt.

Case brief

What is this about?

What did the court decide?

M/S Dwarka Trading Company v. State Th.Capd Deptt.

Case brief

What is this about?

What did the court decide?

What the court decided

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