SUBHANI RICE MILL BASAVAPATNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions, the petitioners who are wholesale dealers in food- grains have questioned the validity of the Karnataka Rice Procurement (Levy) (Amendment) Order 1985.

(2.) The facts of the case briefly stated are as follow : Periodically the State Government has been promulgating the Rice Procurement (Levy) Order under the provisions of Sec. 3 of the Essential Commodities Act, 1955. One such order was promulgated in the year 1984. The validity of the said order in particular relating to the insistence on securing release certificate for transporting levy free Rice out-side the State as well as within the State was challenged before this Court in Kharimullakhan v. State of Karnataka (ILR 1986 Kar. 1641). As far as the provisions of the Order insisting on the securing of release certificates from the Deputy Commissioner for trans- porting levy-free rice out-side the Stale of Karnataka was concerned, the validity was up-held. But as far as the requirement to secure release certificate for transportation within the State was concerned, the Court observed that the levy order of 1984 itself did not require any such certificate. The court, however, observed that the insistence on such release certificate was not reasonable, particularly, having regard to the fact that some of the columns in the release certificate provided for furnishing the name of the consignee as also the particulars of the lorry in which the levy-free rice would be transported by the concerned dealer was impossible and the condition rendered the sale and movement of levy-free rice impracticable. Finally, this Court struck down columns-6, 7 and 8 and condition Nos. 4, 5 and 7 in form No. D which was the prescribed form for the issue of the relea >e certificate.

(3.) After the above judgment, the impugned amendment was made by the State Government by Notification dated 19-12-1985. The grievance of the petitioners is though columns-6, 7 and 8 were omitted from the prescribed form in view of the decision of this court, condition No. 4 and the Certificate to be issued by the Tahsildar were retained. The relevant portion of it reads: "The Miller or dealer shall obtain from the Tahsildar of the concerned Taluk a certificate in the following form: -