GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India to quash the order dated 28-7-1972 of the District Food and Supplies Controller, ambala, whose copy is Annexure 'c' attached to the writ petition, and to declare clauses 22 and 18 (ii) of the Haryana Control of Bricks Supplies Order, 1972 as unconstitutional and invalid.

(2.) THE facts of this case are that Gurcharan Singh petitioner is running a brick kiln in village Nenola, District Ambala, to whom notice dated 28-12-1971 was issued by the District Food and Supplies Controller, Ambala, whose copy is Annexure 'a' to the petition, to show cause why his brick kiln licence be not cancelled and the security deposited by him be not forfeited for having committed the irregularities mentioned in the notice. The petitioner filed reply dated 27-1-1972 Annexure 'b' to this petition. The District Food and Supplies Controller then passed the impugned order Annexure 'c' dated 28-7-1972 forfeiting his security to the extent of Rs. 500/- and warned him to be careful in future. He filed this writ petition alleging that this impugned order is illegal and unconstitutional because it was based on show cause notice dated 28-12-1971, which was issued under the Punjab Control of Bricks Supplies Order, 1956 which was declared invalid along with all the notices and notifications issued thereunder by a Division Bench of this Court in civil Writ No. 1632 of 1971--M/s. Vaksons v. State of Haryana decided on 20-31972 (Punj. and Har.), Since the Punjab Control of Bricks Supplies Order, 1956 had been declared invalid, therefore, no action could be taken against him in pursuance of a notice issued under that Act. It was asserted that clause 22 of the haryana Control of Bricks Supplies Order, 1972 is illegal, null and void and without jurisdiction as the executive authorities had no power to validate which had been invalidated by the High Court.

(3.) SHRI Ramji Dass, District Food and Supplies Controller, Ambala filed affidavit on behalf of the respondents, wherein he admitted the material facts mentioned in the petition. It was admitted that the Punjab Control of Bricks Supplies Order, 1956 was struck down by the High Court. However, it was pleaded that the State of Haryana promulgated the Haryana Control of Bricks Supplies Order, 1972 with effect from 24th March, 1972 and by its clause 22 anything done or any action taken under the Punjab Control Order, 1956 shall, if not inconsistent with the provisions of this Order, be deemed to have been done or taken under the corresponding provisions of this Order, and, therefore, the impugned order was valid and the writ petition may be dismissed.