CIRIVISETTI SASTRULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These Writ Petitions are filed under Article 226 of the Constitution of India, seeking the issue of writs of prohibition restraining the respondents from taking action in pursuance of notices issued to the petitioners under the provisions of the Andhra Pradesh Rice Procurement (Levy) Order, 1964 and declaring that the prosecutions launched under Section 7 of the Essential Commodities Act of 1955 are illegal.

(2.) Though the writ petitions have been filed by different Counsel, they arise from the same or similar facts. The main argument was addressed by the learned Counsel, Mr. D. Narasa Raju, in W. P. No. 1546 of 1964 and the decision in that Writ Petition will govern the other Writ Petitions except W. P. No. 1785 of 1964, which will be dealt with separately.

(3.) W. P. No. 1546 of 1964: The petitioners are rice millers in Krishna district. In exercise of the delegated powers under Section 5 of the Essential Commodities Act (Central Act X of 1955), the State of Andhra Pradesh issued on 31/07/1959 an order called the Andhra Pradesh Rice Procurement (Levy) Order, 1959 under which the dealers and millers were required to sell the State Govt. on a requisition served on them by the requisitioning authority, 40% of the quantity of rice held in stock by the dealers or the millers as the case may be at the controlled price. This order came into operation in December, 1963. The said order was rescinded by G. O. Ms. No. 507, Food and Agriculture, dated 4/03/1964 and a fresh order called the Andhra Pradesh Rice Procurement (Levy) Order, 1964 came into force. Under the provisions of this order, every licensed dealer or miller was required to sell to the Purchase Officer at the controlled price, 25% of rice of the total quantity of rice produced or manufactured by him in his rice mill every day and it was made obligatory on the part of the licensee to deliver to the Purchase Officer or such other persons authorised in that behalf by the Purchase Officer, the required quantity of rice for sale. The Andhra Pradesh Rice Procurement (Levy) Order of 1964 was rescinded by G. O. Ms. No. 1748 dated 1-7-1964. The said G. O. contained a provision that the rescission shall not affect the previous operation shall not affect the previous operation of the order or the rights and liabilities acquired or incurred thereunder. On 12-7-1964. the Grain Purchasing Officer, Vijayawada, issued a notice, which was received by the petitioners on 28-7-1964. The terms of the notice, as extracted in the affidavit filed in support of the writ petition, are as follows: