ANUMATI SADHUKHAN Vs. ASSISTANT REGIONAL CONTROLLER, PROCUREMENT, ALIPUR

JUDGEMENT

(1.) IN these five appeals the appellants challenge the validity of Para. 15 of the West Bengal Rice Mills Control Order, 1949. The appellants are owners of Rice Mills in Baraset Sub -Division in the District of 24 -Perganas and carry on the business of husking paddy. By an order, dated 12 -10 -1950, the Assistant Regional Controller of Procurement, Alipore, granted permits to the appellants restricting the quantity of paddy to be husked by them and by another order, dated 7 -12 -1950, he directed that the husking mill owners would be authorised to husk half of their previously permitted quantities upto 14 -12 -1950, and that no husking mill should be run after that date without obtaining further orders.

(2.) THE appellants applied under Article 226 of the Constitution of India and obtained Rules upon the Assistant Regional Controller of Procurement, Alipore, requiring him to revoke his order, dated 7 -12 -1950, and to forbear from giving effect to the said order and also to show cause why a writ in the nature of a Mandamus should not issue directing the Assistant Regional Controller not to impose any restriction as regards the quantity of paddy to be husked by the appellants.

(3.) MR . Das, appearing in support of these appeals, has argued that restrictions on the quantity of paddy to be husked are imposed under Paragraph 15 of the West Bengal Rice Mills Control Order, 1949 and that this paragraph is invalid, inasmuch as it imposes an unreasonable restriction on the exercise of the appellants' fundamental right guaranteed by Article 19(1)(G) of the Constitution of India. It is argued that the imposition of these restrictions would render the running of the appellants' rice mills uneconomical and it is also argued that the power conferred by Paragraph 15 of the West Bengal Rice Mills Control Order, 1949, may be abused. Reliance has been placed by Mr. Das upon the decision of the Supreme Court in the case of 'Chintamon Rao v. State of Madhya Pradesh', : [1950]1SCR759 .