(1.) THESE two writ petitions raise a common question of law and can conveniently be disposed of together. The question raised in these writ petitions is in regard to the validity of the Uttar Pradesh Coarse Foodgrains (Levy) Order, 1974. The aforesaid Order was issued by the State Government of U. P. in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955, read with the Order of the Government of India in the Ministry of Agriculture (Department of Food), published under G. S. R. 316 (E) dated June 20, 1972, with the prior concurrence of the Central Government. The paragraphs of the said Order relevant for determination of the question raised are paragraphs 3 and 4 which read as hereunder :-
(2.) "Coarse foodgrains" as defined in paragraph 2 (a) of the Order means one or more of the Coarse Foodgrains specified in Schedule I. "Fair average quality" according to its definition as contained in paragraph 2 (d) means the quality containing an admixture or impurity not exceeding that specified in Schedule II. "Licensed dealer" occurring in paragraph 3 has been defined in paragraph 2 (e) of the Order to mean a person holding a valid licence under the Uttar Pradesh Foodgrains Dealers Licensing Order, 1964. Sub-paragraphs (h) and (i) of paragraph 2 define "Schedule" and "Scheduled price." "Schedule" means a schedule appended to this Order, whereas "Scheduled price" for the fair average quality means the price specified in column 3 of Schedule I.
(3.) THAT the foodgrains in respect of which the impugned order has been issued constitute "essential commodity" within the meaning of Section 2 (a) of the Essential Commodities Act admits of no doubt Likewise, it cannot be doubted that the State Government has the power under Sec. 3 (2) of the Act to issue an order requiring any person holding in stock any essential commodity to sell it to the State Government, and the impugned order in so far as it requires 50 per cent of the coarse foodgrains to be sold to the State Government is covered by the power conferred by Section 3 (2) (f) aforesaid. Sub- section (3-A) contains a provision in regard to foodstuffs generally, whereas sub-section (3-B) deals specifically with foodgrains, and it is an admitted case of the parties that the relevant sub-section which will apply in the instant case is sub-section (3-8). In regard to the grade or variety of foodgrains which the State Government requires under Section 3 (2) (f) of the Act to be sold to it, the State Government is under an obligation to pay the price for the said foodgrains which is to be determined in accordance with clauses (i) and (ii) of sub-section (3-B).