Can the Controller of Legal Metrology issue license for a single city within the same State? Andhra Pradesh High Court's Ruling
Can the Controller of Legal Metrology issue licenses restricted to a particular city? The Andhra Pradesh
High Court recently affirmed this authority in a case where Bharath Weighing Scales encountered such
limitations. [Bharat Weighing Scales v. State of Andhra Pradesh, Order dated 11-01-2024]
Background
Bharath Weighing Scales, the petitioner, had initially obtained a license from the Controller of Legal
Metrology, Andhra Pradesh, allowing them to conduct repair of weights and measures, weighing and
measuring instruments across the State. However, upon applying for license renewal, the petitioner
faced a restriction – the renewed license was limited to operations within the Guntur District only, where
the workshop was located, keeping in view of the increasing number of establishments and enhanced
volume of work. This sparked a legal challenge.
Analysis of Legal Provisions
The crux of the matter lay in understanding Section 23(2) of the Legal Metrology Act, 2009, and Rule
11(7) of the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011. These provisions outline the
powers of the Controller of Legal Metrology, including their authority to issue licenses and define their
jurisdiction.
Court's Verdict
In this specific case, the Court noted that the petitioner had established all the required laboratory,
workshop at Guntur District so it upheld the issuance of a license limited to the Guntur District for
Bharath Weighing Scales was in accordance with the 2011 Rules. The Court's verdict was that the
Controller of Legal Metrology, as per the provisions outlined in Section 23(2) of the Legal Metrology Act,
2009, and Rule 11(7) of the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011, has the
authority to issue licenses and define their jurisdiction.
Does this hinder the constitutional right to carry out business activities?
Crucially, the Court addressed concerns regarding potential violations of Article 19(1)(g) of the
Constitution, which guarantees the right to carry out business activities. The ruling affirmed that the
notification and proceedings restricting the petitioner's license jurisdiction were not unconstitutional,
emphasizing the broader regulatory objectives of the Legal Metrology Act.
Controller's Authority
The Court emphasized that the Controller of Legal Metrology is the rightful authority to grant licenses
with specific conditions as outlined in the Act and accompanying Rules. It further stated that licensees
must comply with these conditions, highlighting the importance of adhering to legal provisions. Despite
the petitioner's concerns about potential obstacles to their repair work and business operations, the
Court underscored the necessity for licensees to abide by the Controller's conditions to ensure
adherence to regulatory measures.
The content of this article is intended to provide a general guide to the subject matter. Specialistadvice should be sought about your specific circumstances.
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