(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. Letters Patent Appeal No. 561 of 2012 has been admitted by this Court vide order dated 23.3.2012. Though Civil Application No. 3016 of 2012 is listed for grant of stay order, on the request of the learned counsel for the parties, we have taken up both the Appeals for final hearing. Letters Patent Appeal No.780 of 2012 listed for admission arises from the same judgment which is under challenged by way of LPA No.561 of 2012.
2. We have heard learned counsel for the parties. The argument of the learned Assistant Government Pleader is that in view of section 57 (2) and (3) of The Legal Metrology Act, 2009 (for short "the Act"), it clearly establishes that irrespective repeal of The Standards of Weights and Measures (Enforcement) Act,1985, the decision which has been taken shall continue to be operative as it would be deemed to have taken under the instant Act. The merit of Section 57 of the Act has not been considered by the learned Single Judge. Section 57 of the Act, is extracted below:
"57. Repeal of Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985-(1) The Standards of Weights Act,1976 (60 of 1976) and the Standard of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed.
(2) Without prejudice to the provision contained in the General Clauses Act , 1897 (10 of 1897) , with respect to repealed,any notification,rule or order made under the Standard of Weights and Measures Act,1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act,1985 (54 of 1985),shall if in force ,at the commencement of this Act,continue to be in force and have effect as if it was made under the corresponding provision of this Act.
(3) Notwithstanding such repeal any appointment, notification, rule, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall,if in force at the commencement of this Act, continue to be in force and have effect as if it were made,issued or given under the corresponding provision of this Act."
3. It appears from the reasoning part of the impugned judgment of learned Single Judge that the case is considered on its facts, and the attention was not drawn by the advocates with regard to the provisions of section 57 of the Act.
4. Learned counsel for the parties agree that these matters may be sent be sent back to the learned Single for a decision afresh after taking into consideration the aforesaid provisions of section 57 of the Act.
4. In the result, these Appeals succeed and are allowed and the order dated 18.11.2010 passed by the learned Single Judge in Special Civil Application Nos.6864 of 2003 and 12355 of 2008 is hereby set aside. The matters are remanded back to the learned Single Judge to decide the same afresh in accordance with law without being influenced by the observations made in this judgment. As the Appeals are allowed, the Civil Applications do not survive. The parties shall bear their own costs.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji