STATE OF UTTAR PRADESH Vs. SURAJ BHAN PANDE

JUDGEMENT

(1.) THIS spe cial appeal arises out of the fallowing facts:-

(2.) UNDER this delegated power, the State Government of U. P. issued the U. P. Food-grains (Restrictions on Hoarding) Order. 1966 whereby a licen see in Form B under the U. P. Food-grains Dealers Licensing Order, 196 could hold in stock up to 1000 quintals o one kind of grain and up to a total quan tity of 2500 quintals of all kinds of grain, This order was modified by the U. P Foodgrains (Restrictions on Hoarding (Amendment) Order. 1967 which came into force on February 1, 1967. Under the amended order, a licensee in Form B could hold in stock up to 250 quintals only of a particular kind of grain and up to a total quantity of 1000 quintals only oi all kinds of grain.

(3.) THE appellants joined issues by a counter-affidavit wherein they took the plea that the impugned order falls fairly and squarely within the ambit and scope of the authority delegated under clause (d) of sub-section (2) of Section 3 of the Act. The alternative case taken by them was that if for any reason it be found that the order is not covered by clause (d). it would be covered by sub-section (11 of Section 3 and the Central Govern ment had not only had the power to de legate its powers under sub-section (1) but it had also actually delegated it and. therefore, the impugned order is not open to challenge.