D.N. Chowdhury. J.
1. The Government of Assam fixed a target for opening new fair price shops and issuance of Family Identity Card for the year 1992-93 covering about 49 Sub-Division including the Hailakandi Sub-Division. Pursuant there-to the Deputy Commissioner, Hailakandi appointed some fair price dealers in the Hailakandi and Lala Town. The Petitioner Association espousing the cause of Hailakandi District fair price shop dealers moved this Court by way of the Writ Petition assailing the impugned action of the Respondents. According to the Association the number of fair price shops are more that what are required. The increase of the number of fair price shops are causing the reduction of the quota of existing dealers and thereby making serious inroad on the profitability of the existing dealers. According to the Petitioner the impugned action are contrary to the Assam Public Distribution of Article, Order 1982 and Assam Trade Article (Licensing and Control) Order, 1982.
2. The Essential Commodities Act, 1955 was enacted to promote the interest of the General Public and for the control of the production, supply and distribution of, trade and commerce of certain commodities. Obviously it was enacted in the interest of general public for securing their equitable distribution of food-staff and Other essential commodities at fair price. Section 3 of the Act confers the power to provide for regulation or prohibition of the production supply and distribution of any essential commodities, it is clothed with the power to regulate or prohibit the trade of essential commodities so far the regulation or prohibition do not contravene any of the fundamental rights guaranteed by the Constitution. In exercise of power conferred u/s 3 of the Essential Commodities Act the Assam Public Distribution of Article Order 1982 as well as the Assam Trade Articles (Licensing and Control) Order, 1982 were issued by the Governor of Assam with a view to regulate the trade in essential commodities. Under the Public Distribution of Articles, Order 1982 the Licensing authority is authorised to issue licence to such appointed dealers as may be considered necessary from time to time specifying sub-whole sellers or retailers and areas of operation of such appointed dealers. (Emphasis supplied). The Licensing Authority is charged with the duty to issue to every head of a family, a family Identity Card specifying the name of the appointed dealer from whom he may obtain his quota of notified articles. The retailer can issue or sell only notified articles. No appointed dealer appointed as retailer can issue or sale any quantity of notified articles to any consumer otherwise than on production of the Family Identity Card. Under the Assam Trade Articles (Licensing and Control) Order 1982 the business of purchase, sale or storage for sale of any of the Trade Articles mentioned in Schedule I is regulated by licence issued in this behalf under the provision of the Order. The prices of the Articles are recommended by the Governmental agencies and the licensed dealers are to display stocks of the articles and can only sell or offer to sell at a price specified in respect of such article in the list and price of stock. There are limitation and restriction in possession of trade articles. The essential commodities Act as well as the order made thereunder including the Public Distribution of Articles Order, 1982 and trade and trade article licensing order 1982 are made in the public interest for sub-serving the public in general. By the impugned action as per Annexure-I of the Writ Petition, the State Govt. decided to expand the base of the Public Distribution System and consequent thereto the licensing authority stretched the range of the fair price shops.
The licenses are issued to the retail dealers for distribution of the essential commodities through the retailers. The entire object is to reach the people at large. The under lying policy is the good of the community at large. There is no breach of any of the Fundamental right guaranteed by the Constitution of India nor the said policy is contrary to any statutory provision. Article 19(1)(g) does not confer on any citizens the monopoly right to carry on any business or trade, or any right to carry on any trade or business without any competition. A Citizen has no fundamental right to insist upon the Government for doing business with him.
On overall consideration of the matter we do not find any infirmity in the impugned action requiring interference from this Court.
The Writ Petition is accordingly dismissed.
No orders as to costs.
Rule is discharged.
