BASUDEO GUPTA Vs. DIRECTOR OF RATIONING

JUDGEMENT

(1.) In this application the Petitioner seeks appropriate writs and orders commanding the Respondents not to wit -hold delivery orders of sugar and also further commanding them to forbear from making any discrimination against the Petitioner.

(2.) In exercise of the powers conferred under Sec. 3 of the Essential Commodities Act, 1955, read with the Order of the Government of India No. G.S.R. 888, dated June 28, 1961, the Government of West Bengal (the Respondent No. 7 herein) promulgated the West Bengal Sugar Dealers Licensing Order, 1963 (hereinafter referred to as the Licensing Order). Under the Sugar Control Order, 1963, the Central Government and the Chief Director, allot quotas of sugar to different States in India. Under this order no producer of sugar can sell or otherwise dispose of sugar or deliver or agree to deliver sugar except in accordance with directions issued by the Central Government. Under the Licensing Order, no person is entitled to carry on business as a dealers except in accordance with the terms and conditions of a licence issued by the Licensing Authority. The Respondent No. 7 appointed a number of dealers for purchase, sale or storage of sugar exceeding fifty quintals within the State. These dealers who import sugar from producers can sell the commodity only against delivery orders issued from time to time by the State Government in favour of other appointed dealers to carry on wholesale business of sugar. These appointed dealers who obtain sugar under the said delivery orders, sell sugar to retail dealers under orders of the Rationing Officers of the respective areas and the retail dealers, in their turn, sell sugar to holders of family identity cards and permits.

(3.) The Petitioner is a dealer appointed under the said Licensing Order and as such, he is authorised to purchase and store sugar for sale. The Petitioner claims a right to carry on business as a dealer of sugar subject to the provisions of the Licensing Order. The sugar dealers who act as wholesalers are linked to different zones of the rationing areas and the Petitioner, along with these other dealers, are the wholesale sugar dealers for the Mowrah North Zone. The delivery orders for different wholesale dealers are despatched to the offices of the Rationing Officers of the respective zones and the Rationing Officers, in their turn, hand over the delivery orders to the wholesale dealers.