STATE OF ANDHRA PRADESH & ANR. versus POTTA SANYASI RAO & ORS.

STATE OF ANDHRA PRADESH & ANR. versus POTTA SANYASI RAO & ORS.

Delegation of power under section 5 of the Essential Commodities Act is a general delegation and covers essential commodities declared by the Central Government at any time, both before and after the delegation, enabling the State Government to act with respect to such commodities under section 3.

Source-derived case information.

Parties
Appellant: State of Andhra Pradesh; Respondent: Potta Sanyasi Rao
Jurisdiction
India
Judgment Date
26 August 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal allowed; judgment of the High Court set aside; no order as to costs.
Legal Topics
Essential Commodities, Delegation of Powers, Ultra Vires
Administrative Law Constitutional Law Statutory Interpretation Essential Commodities Delegation of Powers Ultra Vires

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

State of Andhra Pradesh

Appellant

Potta Sanyasi Rao

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the State Government could exercise delegated powers under section 3 of the Essential Commodities Act, 1955 with respect to commodities declared essential by the Central Government after delegation under section 5.
  2. 2 Validity of the Andhra Pradesh Tyres and Tubes Dealers' Licensing Order, 1973.

Ratio Decidendi

Delegation of power under section 5 of the Essential Commodities Act is a general delegation and covers essential commodities declared by the Central Government at any time, both before and after the delegation, enabling the State Government to act with respect to such commodities under section 3.

Court Disposition

Appeal allowed; judgment of the High Court set aside; no order as to costs.

Orders

  • Licensing Order held valid.
  • No order as to costs.