CHANAN RAM JAGAN NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner-firm Chanan ram Jagan Nath of Mandi Tarn Taran, District Amristar seeks by means of this petition under Articles 226 and 227 of the Constitution of India to challenge the validity of the Punjab Khandsari and Gur Dealers Licensing Order, 1963 (hereinafter referred to as the Order), issued by the Governor of Punjab under S. 3 of the Essential Commodities Act. 1955 (Act 10 of 1955 ).

(2.) ACCORDING to the allegations of the petitioner-firm it was previously carrying on the business of preparing gold ornaments but was thrown out of the business due to Gold Control Order. The petitioner-firm thereupon started business of khandsari and gur at Tarn Taran with effect from June 24 1963. On July 18, 1963 the Punjab government issued the Order. According to clause 3 of the Order no person shall carry on business as a dealer of kandsari and gur after fifteen days of the publication of the Order in the official Gazette except under and in accordance with the terms and conditions of a licence issued in that behalf by the licensing authority. Clause 4 of the Order dealt with the issue of license and sub-clause (3) of that clause was to the following effect: 'no person shall be issued a licensed under this Order unless he satisfies the licensing authority that he has been engaged in the business of purchase sale or storage for sale of kandsari or gur or both during the year commencing from 1st November 1961 and ending on 31st October 1962 and has made during that period not less than twelve transactions of the purchase or sale or both of kandsari or gur or both each transaction being of being of more than fifty quintals. " This sub-clause was subsequently substituted as per order dated October 9, 1963 by the following sub-clause:

(3.) ACCORDING to the petitioner-firm it applied to the District food and Supplies Controller Amritsar for the grant of a license under the above Order but the application was rejected on August 14, 1963. Appeal filed by the petitioner-firm against that order was also dismissed by the Director of Food and Supplies. The petitioner-firm thereupon filed the present writ petition seeking to assail the validity of the order.