CHUNI SINGH BEHARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ petitions Nos. 1398 of 1967, and 1491 of 1967. Since the learned counsel are agreed that the decision rendered in Civil Writ No. 1398 of 1967 will govern the other writ petitions, it is sufficient to re-cite the facts of Civil Writ No. 1398 of 1967.

(2.) The petitioners claim to be the dealers in barley and they say that on the date of the petition they possessed large quantities of "Ghat" and barley and by reason of the impugned order No. F. 6(56)/66-DCS (P), published in Delhi Gazette Extraordinary, dated 21/8/1967, in exercise of powers conferred by Section 3 of the Essential Commodities Act 1955, they have been incapacitated from dealing with the said stocks. The petitioners further allege that they applied for permits for disposing of their stocks which have been declined and in view of the impugned Notification, dated 19/8/1967, published in the Gazette dated 21/8/1967, the Ministry of Railways, are no longer going to accept any dispatches of barely to out station.

(3.) In exercise of powers conferred by Section 3 of the Essential Commodities Act (hereafter referred to as the said Act), the Administrator of Delhi, issued the Delhi Coarse Grain (Export Control) Order, 1966. In the said Order, Clause 2(d) defines the "Coarse Grain" to mean "Maize, Jowar or Bajra and includes flour or any of them". Clause 3 thereof restricts the export of coarse grain and provides that "No person shall export or attempt to export or abet the export of coarse grain except under and in accordance with a permit issued by the Administrator or by the Director." The proviso to the said Clause 3 contains certain exemptions which are not relevant to the inquiry. By aforementioned Notification, dated 19/8/1967, the Lt. Governor, Delhi amended the Delhi Coarse Grain (Export Control) Order, 1966 by including "Barley" in the definition of "Coarse Grain".