ANUMATHI SADHUKHAN Vs. A K CHATTERJEE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for an order on the opposite party to revoke or cancel the order, dated 7/12/1950, issued under his signature, notifying & directing that husking mill owners were authorised to husk half of their previous permitted quantities upto 14/12/1950 & no husking mill should be run after that date without obtaining further orders, & also for issue of permits for running such husking machines without imposing restrictions on the quantities to foe husked, & for issue of licenses to run the husking machines for husking paddy of the local consumers.

(2.) The petnr. is the license-holder of three husking mills situate at Duttapukur, Beliaghatta & Changdana in the Barasat Sub-Division within the District of 24 Perganas, holding License Nos. 35 A. L. P., 34 A. L. P. & 31 A. L. P. respectively. Barasat Sub-Division is a deficit & non-procurement area. The petnr. had been carrying on the business of husking paddy at the said mills for about the last 20 years & he was first given licence about the year 1945. Previous to that the petnr. used to obtain permits for husking paddy to the extent of about one thousand maunds per month in each mill. The quantity of paddy permitted to be husked was reduced from time to time until, it is alleged, it has reached the figure of 90 maunds & 75 maunds per month in respect of the first two mills. The petnr. was carrying on the. business of husking paddy & was charging 10 annas only per maund. It is alleged that the sole means of livelihood of the petnr. & his family is the income derived from this husking business.

(3.) On 7-12-1950, the opposite party issued a general notice to the following effect :