RAMJIBAN GURCHAIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application in respect of procurement under the West Bengal Poodgrains (Intensive Procurement) order 1952 (hereinafter referred to as the 'order'). The facts are as follows. The petitioner owns agricultural lands at Bhyarapur in the district of Howrah. He is a 'producer' as denned by the order. On or about 7 -11 -1952, a notice in form 'ka' (corresponding to -form 'A') was served upon the petitioner. The petitioner thereupon filed a declaration in Form 'kha' (corresponding to form 'B'). On or about 18 -1 -1953 a notice in form 'C' was served upon the petitioner, directing him to deliver 769 maunds of paddy. It appears that the petitioner filed an appeal against the directive, which appeal has been dismissed. It is stated in the petition that the appeal was dismissed upon a technical point. Nothing is mentioned as to what the technical point was and the petitioner has not taken any steps against it. However, in this application, Mr. Gupta appearing on behalf of the petitioner has argued a constitutional point, by reason of which he claims the order to be ultra vires the constitution. It is therefore unnecessary to consider whether I can go into the other points raised in the petition.

(2.) THE point has been formulated thus: Mr. Gupta assumes for the purposes of this application that the law applicable is the Essential Supplies (Temporary Powers) Act 1948, (hereinafter referred to as the 'Act') and the Order, promulgated by the Government of West Bengal under powers conferred by the Act read with Notification of the Government of India, No. PY -603 -(2)/1 dated 21 -10 -1946. He refers to para. 3(5) of the Order which runs as follows: 'Delivery to the Director or to the persons appointed by him of the available surplus referred to in Clause (b) of Sub -para. (3) shall be made at such place or places and on or before such date and in such manner as may be specified by the Director in that behalf in the said order. The price of food -grains so delivered shall be paid in accordance with the price of foodgrains fixed and notified by State Government from time to time: Provided that it shall be lawful for the director to make deductions on prices so fixed by the State Government

(3.) ON the same date and in the same Gazette extraordinary, in fact, immediately following the above notification, were published notification Nos. 10364 P. D., 10355 P. D., 10366 P.D., 10367 F.D. and 10368 F.D. Particulars thereof are as follows: NOTIFICATION NO. SUBJECT -MATTER. 10364 F. D....Specifies the officers who are to exercise powers under the order. 10365 F. D....Specifies the schedule of rates of prices per mound for various qualities of Paddy and Rice in the various districts of the State, which are payable in respect of procurement under the order 10366 F. D....Specifies the rates of deductions to be made for poorness of quality. 10367 F. D....Specifics the charges for transport, weighing, bagging, sewing, marking and staking which are to be deducted fromthe prices payable. 10368 F. D....Specifics the scale of allowances to be granted to producer to meet his requirements.