AIR 1989 SUPREME COURT 989 ::1989 APLJ (Cri) 55 ::(1989) AllCriC 237 ::1989 (2) SCC 58 ::(1989) 1 APLJ 23 ::(1989) EastCriC 256 ::1989 28 STL 197 ::(1989) 1 CurLJ(CCR) 305 ::(1989) EFR 298 ::(1989) 1 JT 139 (SC)

Supreme Court Of India

(From : AIR 1988 Andh. Pra. 317)

Hon'ble Judge(s): K. N. Singh, Lalit Mohan Sharma , JJ

Essential Commodities Act (10 of 1955) , S.5, S.3(1)(2)(a), S.3(1)(2)(c), S.3(1)(2)(d), S.3(1)(2)(f)— - Central Govt. Notification No. GSR 800, D/- 9-6-1978 under S. 5 - Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order (1982) , Cl.12— State Govt.'s Orders, D/- 21-6-1985 and 4-12-1985 - Imposition of restriction on export of groundnut seed and oil to outside State and directions for compulsory levy at specified price - Illegal. The directions issued by the State Government placing restriction on the movement of oil seeds and edible oil to outside State and imposing compulsory levy and requiring millers and traders to sell oil seeds and oil at a price fixed by it without prior concurrence of the Central Govt. were ultra vires of its powers in view of the limitations placed on exercise of its powers in respect of matters in question, under the Central Govt. Notification dated 9th June 1978 delegating its power to the State Govt. A delegate is not entitled to exercise powers in excess of or in contravention of delegated powers. The restrictions are also outside the purview of 1982 Order of the State Govt. Besides, what it could not do directly could not be permitted to be done indirectly by virtue of Cl. 12 of the 1982 Order. The purpose and object for obtaining prior concurrence is to ensure availabil....