MADHAV KESHAV MIRASHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application raises a question of some interest under the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) read with the Maharashtra Scheduled Food Grains (Trade, Monopoly) Order, 1971 (hereinafter called the Order).

(2.) The facts are not in dispute. The petitioner is a proprietor of an eating house form Sangli named Avad Nivad Bhojnalaya". He has been doing this business of boarding house of the last about ten years. From the affidavits filed by him, the petitioner seems to be doing a fairly prosperous business. He has about 400 boarder staking food every day and the requirement of wheat for the purpose of chapatis is alleged to be about 18 of 20 bags bags per month.

(3.) Under the said order it was incumbent for every person in the State whether he is a private individual, businessman or a trader to file a return in relation to wheat as soon as that individual came in possession of more than ten quintals of wheat. The return was to be filed within 24 hours of the possession of more than ten quintals. Additionals returns were to be filed on the 1st of the next month in relation to the possession of the stock of wheat in the previous month, if it exceeded by ten quintals. Such an order was in force in relation to wheat from March 1973 to November 1974. In fact the order appears to have been renewed every six months and is discontinued or not renewed after 30th November, 1974.