WELCOME HOTEL AND OTHERS versus STATE OF ANDHRA PRADESH AND OTHERS

WELCOME HOTEL AND OTHERS versus STATE OF ANDHRA PRADESH AND OTHERS

The Essential Commodities Act, 1955 extends to cooked food as part of 'foodstuffs', and price fixation under the Act, unless patently discriminatory, is valid. Petitioners failed to demonstrate arbitrariness or loss; no relief is warranted.

Parties
Petitioner: Welcome Hotel and others; Respondent: State of Andhra Pradesh and others
Jurisdiction
India
Judgment Date
22 August 1983
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petitions dismissed with costs.
Legal Topics
Essential Commodities Act, Price Control, Foodstuffs Definition, Arbitrariness, Article 14, Article 32
Constitutional Law Administrative Law Essential Commodities Act Price Control Foodstuffs Definition Arbitrariness Article 14 Article 32

Case Brief

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Parties

Welcome Hotel and others

Petitioner

State of Andhra Pradesh and others

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether 'foodstuffs' under the Essential Commodities Act, 1955 includes cooked food
  2. 2 Whether fixation of maximum prices of scheduled items under impugned orders was arbitrary and violative of Article 14

Ratio Decidendi

The Essential Commodities Act, 1955 extends to cooked food as part of 'foodstuffs', and price fixation under the Act, unless patently discriminatory, is valid. Petitioners failed to demonstrate arbitrariness or loss; no relief is warranted.

Court Disposition

Petitions dismissed with costs.

Orders

  • Stay vacated; notification fixing maximum prices revived and enforceable.