PANJUMAL KHAN CHAND Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner Firm challenges the validity of an order passed by the State of madhya Pradesh fixing the minimum percentage of outturn of rice from paddy for the purposes of levy.

(2.) INITIALLY by GSR No. 1405 dated November 24, 1960, the Government of India in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955) made the Madhya Pradesh Rice Procurement (Levy)Order, 1960. In Clause 3 of that Order a licensed Miller was to sell to the Purchase officer at the price payable under that Order, 25 per cent of the quantity held in stock by him at the commencement of that Order and thereafter, until such time as the Purchase Officer otherwise directs. 100 per cent of the total quantity of rice produced or manufactured by him in his Rice Mill every day. Later on, by GSR. No. 1677, dated November 6, 1967, the Government of India made the Madhya pradesh Rice Procurement (Levy) Second Amendment Order, 1967, whereby the expression "100 per cent" (supra) was substituted to "60 per cent. "

(3.) THE petitioner Firm which is a Rice Miller (which purchase paddy and gets rice milled and sells rice) had been, accordingly, paying 60 per cent of the rice produced by him.