9911796707
TMI Blog1995 (5) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... been issued under Section 3 of the Essential Commodities Act, 1955. The Government of Uttar Pradesh vide its Memo dated 6.6.1985 required the District Magistrate, Bulandshahar, to see if any industrial unit was selling unused coal or coal dust improperly; and if so, to take action, inter alia, under clause 15 of the Control Order. By Memo of 19.9.1985 all District Magistrates of the State were required to take action against the industrial units if they sell or transfer unused coal/coal dust without obtaining licence under the provisions of the Control Order. 2. The respondent challenged the validity of these two Government Orders by filing a petition under Article 226 of the Constitution before the Allahabad High Court. A Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the parties have reiterated the stand which had been taken by the contestants before the High Court. 6. We may first note the relevant provisions of the Control Order, which are as below: 2. Definitions: In this Order unless there is anything repugnant in the subject or context xxx xxx xxx xxx xxx xxx (c) "Coal" means coal, coke and other deravatives and includes slack coal, steam coal, soft coke, hard coke or dust coal of various grades but does not include cinder and ashes and products and by products of coal; (d) "Dealer" means a person carrying on as a principal or agent, whether separately or in conjunction with some other business, the business of import, purchase or storage for sale and sale of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where coal is stored and if the users or any user, to whom this coal is proposed to be sold, is working in another district the District Magistrate of that district and further shall intimate full particulars of such sale to the or both the District Magistrates concerned immediately after, such sale. (B) The provisions of clauses 4 to 10,14 and 16 hereof, shall not apply to steam coal and hard coke for industrial consumption. (Emphasis supplied) 7. The High Court held the respondent not to be dealer for two reasons: (i) it does not carry on the business of sale or storage for sale; and (ii) it being a consumer of coal, it would not be a dealer because of what has been mentioned in the last part of the definition of dealer. The contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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