HC dismisses petition over price of cement

SHILLONG, AUG 25: The Meghalaya High Court today dismissed a writ petition filed by the All Meghalaya Contractors and Suppliers Association (AMCSA), which seeks the need to control the price of cement in the state as well as including the same in the list of essential commodities.

The AMCSA in its writ petition had expressed its grievance that no control over the price of cement is provided in the state of Meghalaya though the quality of cement is subject to Cement (Quality Control) Order, 1995.

This want of control from the government, according to the petitioner association, is being utilized by the cement manufacturers in randomly increasing the price of cement without any basis and rational.

The association therefore prayed for a relief in the nature of mandamus so as to command the Central and State governments to exercise the discretionary powers for including the cement in the list of Essential Commodities and for issuance of requisite order under Section 3 of Essential Commodities Act, 1955 so as to exercise control on the quality as also on the price of cement in the state of Meghalaya.

While taking up the matter for hearing here on Friday, the division bench headed by the chief justice Dinesh Maheshwari however noticed two fundamental shortcomings in the writ petition.

One, that the alleged cement manufacturers are not joined as party in this petition and not even a single person to represent the manufacturers has been arrayed as respondent; and second, that before seeking a writ of mandamus, the petitioner does not appear to have served any notice on the authorities concerned stating its view points and seeking the necessary relief.

After the bench gives its observations, senior counsel S Chakrawarty for the petitioner submits that the petitioner may be permitted to withdraw, but with liberty to take recourse of the appropriate proceedings in accordance with law, including serving of notice and/or making of a representation and thereafter, further to take recourse of the appropriate remedies in accordance with law, if so necessary and if so advised.

The GCG R Debnath and GA S Sen Gupta appearing for the respondents have stated no objection on the prayer so made by the counsel for the petitioner; but while keeping all the objections of the respondents open to be taken, if occasion so arise.

In its order issued, the bench decided to permit the petitioner (AMSCA) to withdraw and acoordingly the petition was dismissed with liberty to the parties (to take recourse of the appropriate proceedings in accordance with law).

By Our Reporter