JAWAHAR SINGH SOBHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent raises a somewhat unusual question, namely whether an officer of Government who passes an order in exercise of the powers conferred upon him by a statute can be said to enter into an agreement with the person to whom the said order is issued.

(2.) The Cotton Cloth and Yarn (Control) Orders which were promulgated in the year, 1943 and 1945 imposed a number of restrictions of manufacturers and dealers in cloth. Paragraph 18B empowered the Textile Commissioner to direct any manufacturer or dealer to sell to such person or persons such quantities of cloth or yarn as the Textile Commissioner may specify and not to sell or deliver cloth or yarn of a specified description except to such person or persons and subject to such conditions as the Textile Commissioner may specify.

(3.) In pursuance of the provisions of these orders certain cloth dealers of Amritsar, including the plaintiffs, were empowered to purchase and sell cloth in accordance with the directions which were issued to them from time to time. The Textile Commissioner delegated his functions to the District Magistrate of Amritsar and the District Magistrate of Amritsar delegated his functions to S. Sarnagat Singh, Textile Control Officer, Amritsar. On the outbreak of communal disturbances in the Punjab S. Sarnagat Singh was transferred to Bombay from where he continued to exercise his powers as Textile Control Officer of Amritsar.