BHAJARAM SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution against an order of the Subdivisional Magistrate of Ghumsur passed in exercise of the powers conferred on him by Clause (f) of Sub-section (2) of Section 3, Essential Supplies (Temporary Powers) Act 1946, directing the sale to the Government purchasing agent of 1000 maunds of paddy in the possession of the petitioner. The order of sale was passed on 15-3-1951 and as no stay was granted by this Court the order was, in due course, executed and the paddy taken possession of by the purchasing agent on behalf of the Government more than eleven months ago. The order was made in pursuance of the policy of procurement and it may be reasonably assumed that the paddy has been sent in due course to deficit areas, presumably outside the State of Orissa. It is also extremely unlikely that the paddy has not yet been consumed.

(2.) Mr. P. Misra on behalf of the petitioner urged that Clause (f) of Sub-section (2) of Section 3, Essential Supplies (Temporary Powers) Act, 1946, is invalid and inoperative in view of the fundamental rights guaranteed to a citizen under Article 19 (1) (f) of the Constitution. The impugned clause is as follows :

(3.) Mr. Misra's argument is undoubtedly attractive. But I think it will be academic to discuss its full implications in the present case. As already pointed out, the requisitioned paddy appears to have disappeared long ago and even if Mr. Misra succeeds in his legal objection there can be no question of restoring the paddy to the petitioner. All that he can reasonably claim is its fair price and the order of the Magistrate itself shows that the Government were willing to give him fair price for the paddy. Thus no further relief can be granted to the petitioner in the present case.