Karnataka High Court
The Jewellers Association vs The Union Of India on 9 December, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:50780
WP No. 14247 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 14247 OF 2021 (GM-RES)
BETWEEN:
1. THE JEWELLERS ASSOCIATION
NO.835, SRIDEVI SHOPPING ARCADE
1ST FLOOR, NAGRATHPET
BANGALORE-560002
REPRESENTED BY ITS SECRETARY
SRI KETAN S DHRUV
AGED MAJOR
2. KARNATAKA STATE JEWELLERS FEDERATION
NO.2828 TRIPLE-ESS HOUSE
6TH CROSS, 19TH MAIN,
OFF AIRPORT ROAD
HAL 2ND STAGE, BANGALORE-560008
REPRESENTED BY ITS GENERAL SECRETARY
DR SRI RAMACHARY
AGED MAJOR
3. DIAMOND ASSOCIATION BANGALORE
NO.32, 3RD FLOOR,
S K ASHIRWAD
Digitally signed
by SHWETHA NEHRU NAGAR,
RAGHAVENDRA SHESHADRIPURAM
Location: HIGH BANGALORE-560020
COURT OF REPRESENTED BY ITS GENERAL SECRETARY
KARNATAKA SRI MANISH ASHOK JAIN
AGED MAJOR
4. PADASHREE JEWELLERS
BAZAR STREET
NELAMANGALA
BENGALURU, KARNATAKA-562123
REPRESENTED BY ITS PROPRIETOR
MR B T GOVINDARAJU
...PETITIONERS
(BY SRI. P1-P4-ABSENT)
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NC: 2024:KHC:50780
WP No. 14247 of 2021
AND:
1. THE UNION OF INDIA
THROUGH ITS SECRETARY,
DEPARTMENT OF CONSUMER AFFAIRS
MINISTRY OF CONSUMER AFFAIRS
KRISHI BHAWAN
NEW DELHI-110001
2. MINISTRY OF CONSUMER AFFAIRS
THROUGH ITS SECRETARY,
DEPARTMENT OF CONSUMER AFFAIRS
KRISHI BHAWAN
NEW DELHI-110001
3. BUREAU OF INDIAN STANDARDS
THROUGH ITS DIRECTOR GENERAL
NO.9 BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002
4. BUREAU OF INDIAN STANDARDS
THROUGH ITS DIRECTOR
BANGALORE BRANCH,
OPP JALAHALL METRO,
PEENYA INDUSTRIAL AREA
1ST STAGE, TUMKUR RD,
VIVEKANANDA NAGAR
PEENYA, BENGALURU
KARNATAKA-560058
...RESPONDENTS
(BY SRI. B PRAMOD.,CGC FOR R1 & R2;
SMT. P.ANU CHENGAPPA., ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE
MANDATORY HALL MARKING OF GOLD JEWELLERY AND GOLD
ARTEFACTS ORDER, 2020 ISSUED VIDE NOTIFICATION DATED
15.01.2020 AT ANNEXURE-F AS BEING ULTRAVIRES AND CONTRARY
TO THE BUREAU OF INDIAN STANDARDS ACT, 2016 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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WP No. 14247 of 2021
ORAL ORDER
1. The Petitioners are before this Court seeking for the following relief:
(a) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Mandatory Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020 issued vide Notification No. 205(E) dated 15.01.2020 at ANNEXURE F, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(b) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Mandatory Hallmarking of Gold Jewellery and Gold Artefacts (Second Amendment) Order 2020 issued vide Notification No. 2481(E) dated 23.06.2021 at ANNEXURE H, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(c) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Bureau of Indian Standards (Hallmarking) Regulations, 2018, issued vide Notification No. No.F.No.BS/11/05/2018 dated 14.06.2018, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016, which is placed at ANNEXURE-C;
(d) Issue a writ of certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Indian Standards IS 1417:2016 dated November 2016 placed at ANNEXURE-D and Indian Standards IS 1417:2016 as amended on 1st July 2021 placed at Annexure-E, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(e) Issue a writ of certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Notification No.S.O.2421 (E) dated 14.06.2018 placed at Annexure-J as being ultravires and contrary to the Bureau of Indian Standards Act, 2016 -4- NC: 2024:KHC:50780 WP No. 14247 of 2021
(f) Direct the Respondent No. 1 and Respondent No. 2 Authorities to frame transition guidelines prior to the implementation of any hallmarking regulations;
(g) Pass such other order or direction as deemed fit and proper by this Hon'ble Court in the facts and circumstances of the case.
2. Sri. Madhu N. Rao., learned counsel who had appearred for the petitioner had been permitted to retire vide order dated 23.11.2024. Thereafter no arrangement has been made to be represented by the petitioner.
3. The submission of the learned counsel for respondents No.3 and 4 is that the prayers which have been sought for in the above petition have been rendered infructuous. Since there is no appearance on part the petitioner, the petition is dismissed for non-prosecution.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 10