LAKHINDAR SAMADDAR Vs. STATE OF W B

JUDGEMENT

(1.) Some of the appellants were holders of licences issued under the West Bengal Rice and Paddy (Licensing and Control) Order, 1967. The remaining appellants except one held licences under the provisions of the West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transactions) Order, 1973. They have preferred these appeals against the order and judgement dated 3rd April, 1979 passed by Amiya Kumar Mookerji, J. discharging the Rules obtained by the appellants, inter alia, challenging the order of the Governor of West Bengal passed in exercise of his powers under sub-paragraph (3) of paragraph 1 of the West Bengal Rationing Order, 1964, directing that the said Rationing Order shall come into force on 4th September, 1978 in the areas specified in the Schedule below the said Notification. The areas specified included two Anchals within Regent Park Police Station, one Anchal under Jadavpore Police Station, some Gram Panchayats within Metiabruz Police Station etc. The petitioners had challenged the Order issued by the Sub-divisional Controller, Food and Supplies, Alipore and Barasat informing the wholesalers of rice and paddy and wheat and wheat products that with effect from 4th September, 1978 private trading in rice and paddy and wheat and wheat products would be banned within the statutory rationing areas and the wholesalers were directed to dispose of their stocks by 3rd September, 1978.

(2.) Two principal points arise in these appeals. Firstly, whether the aforesaid Notification under paragraph 1(3) of the West Bengal Rationing Order, 1964 introducing statutory rationing in the areas specified in the Notification was valid. Secondly, whether the respondents could prohibit the petitioners from carrying on in the said specified areas business in rice and paddy and wheat and wheat products.

(3.) By their orders impugned in these cases, the Sub-divisional Controllers concerned had intimated the dealers within their respective jurisdiction the impending consequences of bringing into force of the West Bengal Rationing Order, 1964 in the said specified areas. The said officers themselves did not pass any prohibitory orders upon the dealers from carrying on their businesses. The Sub-divisional Controllers did not also terminate the licences held by the appellants. Paragraph 4 of the West Bengal Rationing Order, 1964 itself prohibited supply of rationed articles by persons other than an appointed wholesaler or any appointed retailer or appointed establishment proprietor. The two Licensing Orders extended to the whole of West Bengal except to the areas in which the West Bengal Rationing Order, 1964 was for the time being in force.