LILA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Common questions of law and facts are involved in these Rules. Accordingly, these were heard together. This judgment shall dispose of a bunch of forty writ petitions.

(2.) By a Gazette Notification dated August 3, 1978, the Governor in exercise of the power conferred by sub-paragraph (3) of paragraph 1 of the West Bengal Rationing Order 1964 ws pleased to direct that the said order shall come into force on the 4th September 1978 in Jadavpur Police Station amongst others. Thereafter, on the 11th of August, 1978 the Sub-divisional Controller of Alipore directed the wholesalers to surrender the respective licences on the ground that they would cease to function as wholesalers of rice, paddy and wheat and the licence for the said business shall automatically be invalid. They were directed to dispose of the entire stock before 4th of September, 1978, on which date the private trade in rice and wheat would be banned.

(3.) The West Bengal Rationing Order of 1964 was issued in exercise of powers conferred by section 3 of Essential Commodities Act, 1955 read with order of the Government of India (in the Ministry of Food and Agriculture), Department of Food No. G. S. R. 888 dated 28th June, 1961 as subsequently amended by the order of the Government of India No. G. S. R. 1158 dated 14th August, 1964. By paragraph 1(2) of the said Order (Rationing order) it extended to the whole of West Bengal. Paragraph 1(3) says that, "it shall come into force in such areas and on such dates as the State Government may by notification in the official gazette direct".