( 1 ) THE petitioner in this writ petition, one under Articles 226 and 227 of the Constitution, has challenged the validity of the Notification Annexure-B dated 21st April, 1980 amending Part III of Schedule V of the Karnataka Weights and Measures (Enforcement) Rules, 1959 (for short the 'rules') by providing pouring type cylindrical measures (schematic) as shown in figure 11 (B) to be used for measuring kerosene in retail trade. ( 2 ) THE petitioner is a hawker dealing in kerosene under a licence issued to him in Davangere city, He has challenged the validity of the Notification Annexure-B on the around that it is illegal and highly discriminatory as the Government has applied different yardsticks among the kerosene dealers on the one hand and also between the traders in kerosene in general and other traders, which is quite illegal and unconstitutional, that there is no, rationale behind prescribing this method of measurement by using the pouring type cylindrical measure for measuring kerosene by the retail dealers as, if the hawkers use this cylindrical type measure, they cannot take kerosene In large quantities to the doors and there will be much wastage of kerosene both at the time of dipping the kerosene and delivering the same to the customers, at their doors, that if the cylindrical type measure is adopted, each hawker shall have to lose in a day not less than three to five litres of kerosene by way of wastage out of each barrel which will be a very big loss to a hawker when compare to his financial capacity, that the notification Annexure-B indirectly fetters the petitioners and other persons similarly placed from carrying on their trade since it is very difficult for them to sell kerosene by measuring it in cylindrical type rneasure, that the 1st respondent ought to have noticed that if it were to be its intention to replace the conical type measure measuring the oil and other liquid commodities then the insistence should have been in respect of all the traders, irrespective of the dealers in kerosene, other mineral oil, milk etc. , instead of insisting upon only the kerosene dealers, that too who deal in kerosene on retail basis, that the Ist respondent ought to have noticed that by the notification Annexure-B, it will be driving out nearly 20,000 families in the State from self-employment who are depending upon the retail trade in kerosene for their livelihood and on these grounds, he prayed to declare the notification Annexure-B as illegal and ultra vires by issuing an appropriate writ, order or direction in so far as it relates to the petitioner. ( 3 ) IT seems to me that the grounds urged in the writ petition to show that the Notification annexure-B is illegal and highly discriminatory are not well founded. The Karnataka Weights and Measures (Enforcement) Act, 1958 (Act No. 2 of 1959) (for short the 'act') is intended for the enforcement of standard weights and measures in transactions, dealings or contracts in trade or commence. Section 3 of the Act envisages that in respect of weights and measures, working standard shall be maintained. Section 6 gives power to the State Government to prepare as many sets of weighing and measuring instruments as it may deem necessary for the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce. Under Section 8 of the Act, it is provided that the State Government may, by notification in the official gazette, direct that in any specified trade or class of trades, no transaction dealing or contract shall be made or had, except by 'weight only' or except by 'measure only' and such notification shall take effect in such area with, effect from such date and subject to such conditions, if any' as may be specified therein. Thus, it is seen from the above provisions of the Act that it is competent for the State government to declare to use in trade or commerce the 'weights' or the measures' as the case may be in respect of different types of commodities. ( 4 ) SECTION 42 empowers the State Government to make rules to carry out the purposes of the Act by notification in the official Gazette. Part III of Schedule V of the Rules deals with commercial liquid capacity measures. Under the heading "i, General", two types of cylindrical liquid measures viz. ( 4 ) SECTION 42 empowers the State Government to make rules to carry out the purposes of the Act by notification in the official Gazette. Part III of Schedule V of the Rules deals with commercial liquid capacity measures. Under the heading "i, General", two types of cylindrical liquid measures viz. , the dipping and the pouring types and one type of conical measures are provided as commercial liquid capacity measures. It is further stated that cylindrical measures are generally used for measuring out commodities like milk while conical measures are generally used for mineral oils. ( 5 ) UNDER the impugned notification, Annexure-B, a proviso is added at the end of the heading "1. General" reads as follows: "provided that, pouring type cylindrical measures (Schematic) as shown in figure 11 (B) shall be used for measuring kerosene in retail trade. " ( 6 ) SHRI Appa Rao learned counsel for the, petitioner, first contended that the in-w4ugned notification is highly discrimination carry between the retail and wholesale dealers in kerosene and also between the dealers in kerosene as a class and the dealers in other mineral oils by prescribing pouring type cylindrical measures to be used for measuring kerosene in retail trade. ( 7 ) I do not see how the impugned notification brings about a discrimination between the retail and wholesale dealers in kerosene and also between the dealers in kerosene as a class and the dealers in other mineral oils by prescribing the pouring type cylindrical measures to be used for measuring kerosene in retail trade. The object of the Act, as could be seen from the Preamble, is to provide for the enforcement of standard weights and measures to be used, in transactions in trade or commerce. ( 8 ) THE State Government is empowered under Section 8 of the Act, by notification in the official gazette, to direct that in any specified trade or class of trades, no transaction, dealing or contract shall be made or had except by 'weight only' or except by 'measure only' and such notification shall take effect in such area with effect from such date and such object to such conditions, if any, as may be specified therein. Section 42 of the Act empowers the State Government to make rules to carry out the purposes of the Act by Notification in the Official Gazette The State government framed rules called the "karnataka Weights and measures (Enforcement) Rules. 1959 (for short the 'rules') by exercising its rule making power under Section 42. Rule 9 provides that commercial weight and measures of length and capacity shall conform as regards denominations, material used in construction and d-sign, to the specifications laid down in schedule-V. Part-III of Schedule deals with commercial liquid capacity measures. Two types of cylindrical liquid measures viz. , the dipping, and the pouring types and one type of commercial measures are provided under the heading "l. General". It is further provided therein that the cylindrical measures are generally used for measuring out commodities like milk while conical measures are generally used for measuring mineral oils. The shape and dimensions of cylindrical measures (dipping and pouring type) are provided in Figures 11 (A) and 11, (B) and table 11 whereas the shape and dimensions of commercial measures are furnished in Fuiure-12 and table 12. The State Government, by the impugned Notification, amended the heading "i-General" by inserting a proviso stating that the pouring type cylindrical measures (Schematic) as shown in figure 11 (B) shall be used for measuring kerosene in retail trade. No doubt by the impugned notification the State Government made it compulsory to use pouring type cylindrical measures (Schematic)) as shown in figure-11 (B) for measuring kerosene in retail trade thereby excluding another class of traders in the same commodity viz. , the wholesale dealers. It also excludes the traders in other mineral oils from using the pouring type cylindrical measures in measuring the mineral oils while carrying on their trade in it, The State Government has classified the traders, in mineral oils firstly into two categories. e. , traders in kerosene and traders in other mineral oils and once again it* made two well defined classes among the kerosene dealers viz. , retailers and wholesalers and thought of making it compulsory to use pouring type cylindrical measures in measuring kerosene in retail trade. e. , traders in kerosene and traders in other mineral oils and once again it* made two well defined classes among the kerosene dealers viz. , retailers and wholesalers and thought of making it compulsory to use pouring type cylindrical measures in measuring kerosene in retail trade. The hawkers, to which category the petitioner belongs, who deal kerosene in retail trade and other shop-keepers who likewise, deal in kerosene in retail trade, all brought under one class to which the use of pouring type cylindrical measure for measuring kerosene have been made compulsory. To put it in other words the, impugned notification made the use of pouring type cylindrical measures compulsory for measuring kerosene in the entire Retail trade whether the trade is being carried on by the hawkers or others. No discrimination is made among the retail dealers whether one carries on retail trade in kerosene as a hawker and the other in a shop or in any other way. The impugned notification deals equally with all the dealers of kerosene in retail trade and the Government brought the impugned notification is not open to the charge of denial of equal protection on the ground that it has no application to the wholesale dealers in kerosene or the dealers when it was not the case of the petitioner that the State Government has no competence to issue the impugned notification as such. ( 9 ) SRI Appa Rao next contended that there would be waste of 3 to 5 litres of kerosene out of each barrel if pouring type cylindrical measure is used for measuring kerosene as against the user of the pouring type conical measure, which will be a very big loss to a hawker when compared to his financial capacity. In support of this contention he placed reliance on the fact that the pouring type cylindrical measures are of the dimensions ranging only between 20 ML and 2 litres whereas in the case of pouring type conical measures, they range from 100 M. L. to 20 litres. In support of this contention he placed reliance on the fact that the pouring type cylindrical measures are of the dimensions ranging only between 20 ML and 2 litres whereas in the case of pouring type conical measures, they range from 100 M. L. to 20 litres. Basing on this his argument proceeds that since the dimensions of the pouring type cylindrical measures are small when compared to the pouring type conical measure one has to use the former, greater number of times for measuring the kerosene in meeting the demands of the customers and as the number of times in the measurement of the kerosene increases, greater will be quantity of waste by spilling will be the quantity of waste by spilling or otherwise both at the time of measuring and delivering the kerosene to the customer. ( 10 ) I do not find much force in this submission also. Generally the consumers who are buying kerosene from the hawkers always go in for small quantities of kerosene and the pouring type cylindrical measures prescribed under the impugned notification the dimensions of which extend up to 2 litres would meet their requirements and there may not be many occasions to measure the kerosene, great number of times in respect of each customer. Further, the wastage of kerosene will depend upon the care one would take in measuring the kerosene. Besides, equal percentage of tolerance on dimensions is provided-both for using the pouring type cylindrical measures as well as pouring type conical measures. Further, what is provided tinder the impugned notification is to use the pouring type and not the dipping type cylindrical measure and in that view of the matter, the averment made in para 7 of the writ petition that there will be waste of kerosene both at the time of dipping and delivering the kerosene to the customer at' his door if it is measured in cylindrical type measure, has no foundation. ( 11 ) NOW coming to the third and the last contention, it is argued by Shri Appa Rao, that the impugned notification indirectly fetters the petitioner and other persons similarly placed from carrying on their trade by compelling them to use the pouring type cylindrical measures. ( 11 ) NOW coming to the third and the last contention, it is argued by Shri Appa Rao, that the impugned notification indirectly fetters the petitioner and other persons similarly placed from carrying on their trade by compelling them to use the pouring type cylindrical measures. I do not see how the rights of the petitioner in carrying on his trade who is a hawker dealing in kerosene have been either infringed or affected by prescribing the pouring type cylindrical measure, to be used for measuring kerosene in retail trade. As a hawker dealing in retail kerosene carrying the same time door to door, he is required to supply kerosene in small quantities against the demand made by the customers, by using either the pouring type conical measure or the pouring type cylindrical measure for measuring the kerosene. His right to trade in retail kerosene tinder the licence issued to him is not affected in any way if he is obliged to use a particular type of measuring instrument. In either case, he is required to deliver the standard quantity of kerosene demanded by a customer. The standard measuring instruments are prescribed by the State government to ensure that the customers are delivered the standard quantity of the articles they buy. Undoubtedly, the hawkers, who are carrying kerosene in a drum or two in a small cart pulled by hand or using the bullocks, are required to cater to the needs of the customers in small quantities in litres. Assuming that the impugned notification places some kind of restriction on the retails dealers in kerosene to use a particular type of measuring instrument, it would not in my opinion offend the rights guaranteed to the petitioner to carry on his trade under the constitution since the restriction placed against the retails dealers in using a particular type of measuring instrument cannot be said to be an unreasonable restriction. ( 12 ) THESE are all the objections raised against the validity and legality of the impugned notification. ( 12 ) THESE are all the objections raised against the validity and legality of the impugned notification. ( 13 ) FOR the reasons stated above, I am inclined to hold that the impugned notification does not bring about any discrimination against the petitioner, that it does not fetter the rights of the petitioner to carry on the trade in kerosene as a hawker and that there was no hard ship caused either to him or to other persons similarly placed as alleged by him. The impugned notification does not offend either Article 14 or Article 19 (1) (g) of the Constitution. In that view of the matter, I am inclined to bold that no useful purpose will be served by issuing a rule in this case, accordingly, the writ petition is dismissed