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SWADESI JAGARAN MANCH versus STATE OF ORISSA & ANR.

Citation: [2011] 8 S.C.R. 723 · Decided: 04-07-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN, B. SUDERSHAN REDDY · Disposal: Hearing Adjourned

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Judgment (excerpt)

• 
(2011] 8 S.C.R. 723 
SWADESI JAGARAN MANCH 
v. 
STATE OF ORISSA & ANR. 
(Transferred case no(s) 11 of 2002) 
A 
JULY 4, 2011 
B 
[R.V. RAVEENDRAN AND B. SUDERSHAN REDDY, JJ.] 
Prevention of Food Adulteration Rules, 1955: r.441 -
Prohibition on sale and manufacture of common salt - Writ 
petition no. 80 of 2006 wherein constitutionality of r. 44 was 
C 
under challenge was disposed of and six months time was 
granted to Central Government to review position regarding 
universal iodisation - Transferred petitions 9212009, 1521 
2009, 16812009, 18512009 and 21812009 allowed in terms of 
judgment in Writ petition no. 80 of 2006 - Writ petition no. 1751 
2006 and Transfer case 1112002 de/inked from writ petition 
D 
no. 80 of 2006 since dispute therein did not relate to challenge 
to r. 441 - In view of that, pending matters to be listed for further 
orders after six months. 
CIVIL ORIGINAL JURISDICTION : Transferred Case No. 
11 of 2002 etc. 
E 
Under Article 139A of the Constitution of India. 
WITH 
TC (C) No. 54, 55, 56, 57, 58 of 2011 And 
WP (C) No. 80, 175 of 2006. 
Dr. Aurobindo Ghose, Balraj Dewan, Vishwajit Singh, 
Himanshu Munshi for the Appellants. 
Naresh Kaushik, Sadhana Sandhu, D.S. Mahra, Sushma 
F 
Suri, 8.8. Singh for the Respondents. 
G 
The following order of the Court was delivered 
ORDER 
Transfer Petition (C) Nos.92/2009, 152/2009, 168/2009, 
723 
H 
724 
SUPREME COURT REPORTS 
[2011] 8 S.C.R. 
A 185/2009 and 218/2009 are allowed and the following writ 
petitions are transferred from the respective High Court to this 
Court: 
B 
c 
(1) 
WP(C) No.4204/2006 on the file of the Madras High 
Court 
(2) 
WP(C) No.341/2006 on the file of the Bombay High 
Court 
(3) 
WP(C) No.13082/2006 on the file of the Andhra 
Pradesh High Court 
(4) 
WP(C) No.13354/2006 on the file of the Karnataka 
High Court 
(5) 
PIL No. 61/2006 on the file of the Bombay High 
Court 
2. Judgment is pronounced in WP(C) No.80 of 2006 and 
the aforesaid five transferred cases, allowing them in terms of 
D the Judgement. 
3. Writ Petition (Civil) No.175/2006 and Transfer Case 
(Civil) No.11/2002 are delinked from the aforesaid cases which 
are disposed of, as they do not relate to challenge to Rule 44-
1 of Prevention of Food Adulteration Rules 1955. Transfer Case 
E (Civil) No.11/2002 seeks quashing of a notification dated 
15.10.2001 issued by the Director of Health Services, Orissa 
prohibiting sale and manufacture of common salt other than 
iodised salt for human consumption, issued in exercise of 
power under the relevant state Rules. Writ Petition (Civil) 
F No.175/2006 is filed seeking a direction to the central 
government to frame a uniform policy for the control of goitre 
and a direction regarding imposing ban on the manufacture of 
non-iodised salt all over the country. 
4. While disposing of Writ Petition (Civil) No.80/2006, we 
G have granted six months time to review the position regarding 
universal iodisation. In view of the above, list these two matters 
for further orders, after six months. 
D.G. 
Writ Petition (c) No. 175 of 2006 and 
H 
Transfer case (c) No. 11 of 2002 are pending. 
•