SH. VIJAY KUMAR AND ORS. versus UNION OF INDIA ORS.

SH. VIJAY KUMAR AND ORS. versus UNION OF INDIA ORS.

Since the issues raised by petitioners have already been conclusively decided by the Supreme Court in Raghu Seeds & Farms & Ors. v. Union of India & Ors., nothing survives for consideration in the writ petition and it must be dismissed. The earlier Division Bench ruling is not counter to the Constitution Bench decision in Firm Girdhar Kapur Chand; no legal basis is made for re-consideration under Article 32.

Parties
Petitioner: Sh. Vijay Kumar and Ors.; Respondent: Union of India and Ors.; Respondent No. 4: Prem Malhotra; Respondent: Respondent No. 5
Jurisdiction
India
Judgment Date
29 April 1998
Procedural Posture
Writ Petition (civil) No. 434 of 1994 / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Essential Commodities Act, Seeds (control) Order, Entry 33 List III Seventh Schedule, Maintainability of Writ Under Article 32
Constitutional Law Administrative Law Essential Commodities Act Seeds (control) Order Entry 33 List III Seventh Schedule Maintainability of Writ Under Article 32

Case Brief

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Parties

Sh. Vijay Kumar and Ors.

Petitioner

Union of India and Ors.

Respondent

Prem Malhotra

Respondent No. 4

Respondent No. 5

Respondent

Procedural Posture

Writ Petition (civil) No. 434 of 1994 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Validity of Notification declaring seeds as essential commodities under Essential Commodities Act, 1955
  2. 2 Validity of Seeds (Control) Order, 1983
  3. 3 Legislative competency under Entry 33 List III to make laws relating to seeds

Ratio Decidendi

Since the issues raised by petitioners have already been conclusively decided by the Supreme Court in Raghu Seeds & Farms & Ors. v. Union of India & Ors., nothing survives for consideration in the writ petition and it must be dismissed. The earlier Division Bench ruling is not counter to the Constitution Bench decision in Firm Girdhar Kapur Chand; no legal basis is made for re-consideration under Article 32.

Court Disposition

Petition dismissed

Orders

  • Writ petition dismissed; no order as to costs