HARI RAM PARAS RAM Vs. STATE OF HARYANACHANDIGARH

JUDGEMENT

(1.) The petitioners are firms and companies carrying, on the business of rice milling and selling rice at Karnal. They purchase paddy, shell it in their shellers and produce rice, 90% of which has to be compulsorily made over to the State Government under the Haryana Rice Procurement Levy Order and the remaining 10% of the rice is sold in the open market. The petitioners purchased paddy, in the months of October and November, 1980, at the rate of Rupees 105/- per quintal which is the procurement price fixed by the Government.

(2.) In the process of manufacture of rice from paddy, first of all rice husk is removed and the rice is subjected to polishing by which process rice bran is produced. This rice bran is used for various purposes like extraction of oil and the manufacture of poultry feed. The current price of the rice bran, according to the petitioners, was Rs.120/- per quintal on the date of the filing of the petition.

(3.) On Jan, 27, 1981, the Haryana State promulgated the Haryana Rice Bran (Distribution and Price) Control Order, 1981 (hereinafter referred to as the Control Order)--This Control Order was promulgated under S. 3 of the Essential commodities Act, 1955 (hereinafter called the Act). Under Clause 3 of the control Order, all the manufacturers, dealers and owners of rice mills were required to sell or offer for sale or supply 30% of the rice bran extracted by them to the poultry farmers of the State of Haryana against the permits to be issued by the District Magistrate or any officer authorised by the Director, Food & Supplies, Haryana, in that behalf, Under Clause 4 of the Control Order, maximum sale price of rice bran, for the time being, has been fixed at Rs.42/ per quintal exclusive of the cost of containers and taxes. The Director has been authorised to fix the price from time to time. Clause 5 of the Control Order makes it obligatory for every rice dealer or owner of a rice mill or a sheller to furnish within seven days of the commencement of this Control Order a report to the District Food and Supplies Controller of his district regarding the quantity of rice bran so possessed by him. Clause 6 of the Control Order empowers the District Magistrate or any Officer authorised by the Director, Food and Supplies, Haryana, to require any rice dealer or an owner of a rice mill to furnish such information, return or reports as may be required regarding the rice bran produced or sold by him. These provisions have apparently been made to enable the Director to get the requisite information for giving proper effect to the provisions of the Control Order relating to equitable distribution.