SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THESE petitions under Article 226 of the Constitution have been referred to this Full Bench of five Judges as the constitutionality of an Act of the Uttar Pradesh Legislature and of an Order issued thereunder have been challenged in them (the petitions).

(2.) THE petitioner in Civil Misc. Writ No. 1447 of 1977 had filed a Special Leave petition before the Supreme Court against the order of this Court declining to stay the operation of the impugned Order. THE Supreme Court, while dismissing the Special Leave petition, directed this Court to take up Civil Misc. Writ No. 1447 of 1977 for final disposal on 4-7-1977, so that this Court may decide whether or not the Order impugned in the writ petition is a valid one and if that Order is held to be invalid for any reason, the benefit of the decision may be available to the petitioner at least for a short period and in any event for the coming years.

(3.) THE petitioner in Writ Petition No. 1447 of 1977 purchases and collects milk from cow-herds and after chilling it sends it to various towns in Himachal Pradesh. He had made an application for grant of a permit under the impugned Order to export chilled milk from Saharanpur to towns in Himachal Pradesh. But the Milk Commissioner in U. P. did not grant him such permit.