Can the Controller of Legal Metrology
Can the Controller of Legal Metrology
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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.

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