1981 (3) TMI 157

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....e Commissioner, and the Order dated December 12, 1979, annexed as Exh. I to the Petition, passed by the Deputy Secretary to the Government of India in its Appellate Jurisdiction. 2. Only few facts are required to be stated to appreciate the grievance of the petitioners. The Government of India published a Notification dated June 29, 1979 in exercise of powers conferred by Clause 20 and sub-clause (5) of Clause 21 of the Cotton Textiles (Central) Order, 1948. The Notification provided that every producer of yarn shall pack yarn, for civil consumption, in hank form, in each quarter commencing from July/September, 1979 quarter and in every subsequent quarter is proportion not less than 50% of the total yarn packed by him during each quarter f....

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....1979. These two orders are under challenge. 4. Shri Setalwad, the learned counsel appearing in support of the petition, raised two contentions to challenge the legality of the order. The learned counsel submitted that it is not permissible for the Government of India to compel any producer to pack yarn in hank form. It was urged that the Government had gone beyond its powers under the Essential Commodities Act by compelling the producer to pack yarn in a hank form, even though the producer was not doing so previously. The learned counsel challenged the competence of the Textile Commissioner to issue such notification. The second attack against the impugned orders was that both, Senior Enforcement Officer and the Deputy Secretary to the Gov....

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....er, Bombay, in the office of the Textile Commissioner, is directed to decide the claim of the petitioners for exemption from the operation of the notifications afresh within a period of two months from today. Shri Dhanuka, on behalf of the respondents, states that the Department would disclose the material which they possess to the petitioners as early as possible. The petitioners in their turn would furnish the material to the Department thereafter within two weeks. The Senior Enforcement Officer thereafter shall decide the matter on the material produced before him at the earlier stage as well as the subsequent material produced both by the petitioners and the Department. The officer shall pass the order after setting out the reasons for ....