V SRINIVAS Vs. DIRECTOR OF CONTROLLED COMMODITIES MADRAS

JUDGEMENT

(1.) This application is filed by one V. Srinivas who has been doing the business of a Master Weaver according to him for over 10 years. He' was permitted by an order of the Provincial Textile Commissioner to take from three mills certain quantity of yarn per month. In June 1949 he found it difficult to continue his business and so he decided to suspend his business temporarily and intimated his decision to do so to the Collector of Coimbatore in July 1949. In his affidavit he states that in or about March 1950 he decided to resume his business as a weaver and applied to the Director of Controlled Commodities to allocate to him the quota which was being allowed to him. He was eventually informed that this quota had been cancelled. There was an application for review, but the Collector refused to reconsider the case. By this application he seeks to have the order of the Director of Controlled Commodities cancelling his quota quashed and he seeks a direction from this Court to restore to him the quota which he was enjoying prior to that cancellation.

(2.) It is necessary to briefly refer to the statutory provisions and connected Government Orders which have a material bearing On. the disposal of this application. In exercise of the powers conferred by Sub-rule (2) of Rule 81, Defence of India Rules, the Central Government published an order on 21-71945 called the Cotton Cloth and Yarn (Control) Order, 1945. In this Order a dealer was defined as a person carrying on the business of selling cloth or yarn or both, whether wholesale or retail, and included Master Weavers of Handloom cloth. Clause 18(A)(1). of the order provided,

(3.) Clause 34 provides for the delegation of the powers of the Textile Commissioner on any officer authorised in that behalf. By a Notification dated 27-4-1948 published in the Fort St-George Gazette of 24-6-1948 the powers of the Textile Commissioner were delegated to (1) the Secretary to Government, Development Department Madras and (2) the Provincial Textile Commissioner so far as this Province was concerned. On 1-10-1948 the Madras Government passed an order approving the proposals made by the Provincial Textile Commissioner that the master weavers who were getting supplies of yam direct from the mills during the previous control period would not be shown any concession and they should be made to obtain their requirements at retail selling rates like all other master weavers. This order was, however, partially modified by a subsequent order dated 8-11-1948 which runs thus: "In partial modification of the orders in para. 1(8) of the G.O. read above His Excellency the Governor of Madras hereby directs that all master weavers in the Province who were enjoying consumer quotas during the last control by virtue of their direct dealings with Mills during 1940, 1941 and 1942 may be allowed to get their supplies of yarn direct from mills. The quantity to be supplied to each consumer will be fixed by the Provincial Textile Commissioner with reference to their quotas during the last control. The Provincial Textile Commissioner is requested to prescribe suitable accounts to be maintained by the said master weavers so as to ensure that the yarn allotted to them is utilised properly." In accordance with this order of the Government the Provincial Textile Commissioner proceeded by his order dated 29-11-1948 to specify the quantities and counts of yarn to be supplied to the master weavers who were enjoying consumer quantities during the last control period. It appears from the schedule to this order that the petitioner before us was allowed a total of 19 bales from three different mills.