At, Supreme Court of India
By, HON'BLE JUSTICE K. JAGANNATHA SHETTY AND HON'BLE JUSTICE O. CHINNAPPA REDDY
Judgment Text
In this application for the issue of a writ under Article 32, a notification of the Government of Andhra Pradesh dated November 12, 1984 as amended on April 22, 1986 purporting to have been issued under the powers conferred by the Andhra Pradesh Catering Establishments (Fixation and Display of Prices of Food Supplies) Order, 1978, is questioned on the ground that it is too general, vague, unworkable and oppressive. Even on a cursory perusal of the notification, it is important direction contained in the notification is direction No. 2 which provides that the catering establishment shall make available idli and sada dosa, plate meals, coffee, tea etc. at certain fixed hours. Catering Establishment is defined by the principal order as meaning 'a hotel, restaurant, eating house, cafe, tea shop, coffee house, feeding centre, club, canteen or railway refreshment room' and includes any other place of like nature open to the public where food is served, supplied or consumed. It is obvious that the expression catering establishment has been used in a very wide sense as to include every sort of establishment where an article of food is served; it may be a coffee shop where only coffee is sold, it may be a tea shop where tea alone is sold, it may be a small wayside restaurant where coffee, tea or small items of food may be served; it may be a non-vegetarian restaurant where idli, dosa and vegetable meals are not sold. On the face of it, it is absurd to insist that idli, dosa and vegetarian plate meals as contemplated by the direction should be supplied at such establishments also during the specified hours. There are other directions such as that food must be hot and fresh etc. which are also vague. We do not want to examine each of these directions since we find that the pivotal direction relating to id
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li, dosa etc. is itself found by us to be vague and unworkable. We have no opinion but to strike down the directions contained in the notification. The writ petition is accordingly disposed of. No costs.