HUKAM CHAND-JAGAN NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of 14 writ petitions Civil Writs Nos. 2843 to 2856, 2683, 2780, 2923 2930 of 1967 and 73 of 1968, all involving common questions on which arguments have been addressed by Mr. Doabia for the petitioners, and the Advocate-General of Haryana for the respondents. The Collector of Howrah has been represented by the Advocate-General, Punjab. The facts in all these petitions, except those in Civil Writ Nos. 2683, 2780, 2923 and 2930 of 1967, are almost identical some of these even being printed copies of original.

(2.) In all the cases, the petitioners carry on the business of sale and purchase of foodgrains in the State of Haryana. It is the case of the petitioners that Haryana being a surplus State, its State Government had lifted the ban for export of maize under the Northern Inter-Zonal Maize (Movement Control) Order, 1967 (hereinafter referred to as the Order). The ban on expert of maize imposed by clause 3 of the Order is said to have been lifted in pursuance of a speech made by the Chief Minister of Haryana on 11th October, 1967, at a public meeting, and the announcement having been repeated from All India Radio Station Jullundur, Chandigarh, in the local bulletin of 6.10 p.m. on that date. Reliance is also placed on a news item of the Tribune of 12th October, 1967, to this effect :

(3.) Impelled by the declaration of policy enunciated by the Chief Minister of Haryana, the petitioners despatched wagon-loads of maize between 11th and 16th of October, 1967, to Howrah in West Bengal. The consignments were made from various places in the Haryana State. When the goods reached the destination, the petitioners were informed through their representatives that the Railway authorities had refused to permit the removal of the foodgrains from the wagons. A letter is then said to have been issued under the signatures of Shri R.I.N. Ahuja, Secretary to Government, Haryana, Industries, Food and Supplies to the Chief Commercial Superintendent, Eastern Railway, Howrah, asking the latter to, deliver the consignments to the consignees. This was followed by a telegram of 2nd of November, 1967, from the Director, Food and Supplies, Haryana, to the Deputy Chief Commercial Superintendent, Eastern Railway, to this effect :