Controller Of Legal Metrology Can Restrict Licenses To One City; Andhra Pradesh High Court

The High Court of Andhra Pradesh bench comprising Justice Venkateswarlu Nimmagadda interpreted Section 23(2) of the Legal Metrology Act, 2009 and Section 11(7) of the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011. The High Court held that a conjoint reading of both provisions empowered the Controller of the Legal Metrology Department to issue the license to manufacturers, dealers and repairers with geographical limits and other conditions. Further, after the issuance, the license holders are bound by such conditions and the same does not violate the fundamental right to profession, enshrined in Article 19(1)(g) of the Indian Constitution. Brief Facts: M/s Bharat Weighing Scales (“Petitioner”) obtained a license from the Department of Legal Metrology, Vijayawada., Andhra Pradesh (“Respondent”) for its business pertaining to repair, weights and measures. Subsequently, the Petitioner made an application for the renewal of the said license for the whole state of Andhra Pradesh. However, this time, the Respondent granted the license only within the territorial limits of Guntur District. Feeling aggrieved, the Petitioner filed a writ petition in the High Court of Andhra Pradesh (“High Court”) under Article 226 of the Indian Constitution. The Respondent contended that the Petitioner's license was renewed from time to time but due to the increasing number of establishments and enhanced volume of work, its license was limited to Guntur District subsequently. The action was legitimately taken under the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011 (“2011 Rules”). Observations of the Commission: The High Court perused Section 23(2) of the Legal Metrology Act, 2009 which empowers the Controller of the Department of Legal Metrology to issue licenses with time-related, jurisdictional and other restrictions. Further, Section 11(7) of the 2011 Rules also empowered the Respondent to issue general or special directions while issuing licenses to manufacturers, repairers and dealers. After a conjoint reading of the aforementioned provisions, the High Court concluded that the Controller of the Department of Legal Metrology was vested with the powers to issue and also fix the jurisdiction of a licensee. Additionally, the Petitioner was bound by the conditions imposed by the Respondent after the issuance of the said license. The High Court also accepted the contention of the Respondent that such action was reasonable and not violative of Article 19(1)(g) of the Constitution of India which provides the fundamental right to carry on business. Consequently, the writ petition was dismissed. Case Title: M/s Bharat Weighing Scales vs State of Andhra Pradesh and Anr. Case No.: Writ Petition No. 34693 of 2022 Advocate for the Petitioner: N.A. Advocate for the Respondent: N.A. Click Here To Read/Download Order

Controller Of Legal Metrology Can Restrict Licenses To One City; Andhra Pradesh High Court

Smita Singh

Tags