AIR 1973 KERALA 59 ::1972 Ker LJ 946 ::1972 Ker LT 766

Kerala High Court

Hon'ble Judge(s): M. U. Isaac , J

(A) Paraffin Wax (Supply, Distribution and Price Fixation) Order (1972) , Cl.(5)— This clause conferring unguided and absolute power of allotment in an executive officer without requiring him to give reasons for grant or refusal of allotment and without subjecting his order to an appeal is unconstitutional and void. Constitution of India , Art.14, Art.245— Essential Commodities Act (10 of 1955) , S.3— (Para 8 10) (B) Essential Commodities Act (10 of 1955) , S.3(5), S.3(6)— The executive officer entrusted with the power of allotment cannot himself lay down principles to regulate the exercise of his power. Such principles must be laid down by competent authority in the manner prescribed in sub-s.(5) and sub-s.(6). AIR 1960 SC 430, Referred. Paraffin Wax (Supply, Distribution and Price Fixation) Order (1972) , Cl.5— (Para 11) .....