THE ASSAM RICE MILLS ASSOCIATION AND SHIW BHAGWAN SHARMA Vs. STATE OF ASSAM AND THE DIRECTOR, FOOD AND CIVIL SUPPLIES

JUDGEMENT

(1.) IN this writ application under Article 226 of the Constitution, the Petitioners are seeking appropriate writ or direction to cancel, recall or otherwise forbear from giving effect to the Annexure -XI W.T. message issued by the Respondent.

(2.) EVERY year the Government of Assam in exercise of power under Section 3 of the Essential Commodities Act issued order under the name "The Assam Paddy and Rice Procurement (Levy & Licensing) Order" and also under notification issued by the Central Government. The validity of such orders remain in force from 1st October to 30th September of subsequent year, and thereafter, next order comes into effect. The millers having valid licence under Rice Miller Industries (Regulation) Act, 1958 are exempted from taking any licence under the aforesaid order. For the purpose of levy, rice millers are divided into three categories; first, mills having capacity of 8 tonnes and above per diem, secondly, mills having capacity of 4 tonnes to 79 tonnes per diem, and thirdly mills having capacity of less than 4 tonnes per diem.

(3.) THE Government, however, issued an order published in the Gazette dated 30.12.91 wherein quantity of levy rice had been fixed at the rate of 40%, 30% and 20% respectively. On 20.12.91 a meeting was held between the Petitioner mill, and the Government. In the said meeting as per minutes of discussion it was agreed that the said three categories of mills would supply levy rice at the rate of 10%, 5% and 4% respectively. Thereafter, by Annexure -VII W.T. Message dated 4.2.92 addressed to Deputy Commissioners and SD Os, the Government revised the percentage of levy at the rate of 10%, 5% and 4% in place of 40%, 10% and 20% respectively. Subsequently, by another W.T. Message dated 20.3.92 (Annexure -XI) the Government cancelled the earlier Annexure -VII W.T. Message dated 4.2.92 and directed the Deputy Commissioners and Sub Divisional Officers to collect levy at the earlier rate of 40%, 30% and 20% in place of 10%, 5% and 4% respectively. As a result all the mills of the Petitioner association were required to give huge quantity of rice as levy rice to the authority. According to the Petitioners, issuance of Annexure XI W/T message dated 20.3.92 was arbitrary and violative of Article 19(1)(g) of the Constitution and if this order is allowed to take effect this would invite closure of the mills. Hence the present petition.