(1.) These two writ applications have been heard together ,as common questions of fact and law are involved in them and they are being disposed of by this common judgment.
(2.) In C. W. J. C. No. 1722 of 1971 petitioner No. 1 is Patna Tyre Dealers' Association and petitioners 2 to 5 are the office-bearers of the said Association. Petitioners 2 to 5 are also individual dealers in tyres having their business in Patna. In C. W. J. C. No. 46 of 1972 the three petitioners are the truck owners. The petitioners of C. W. J. C. No. 1722 of 1971 had initially challenged the validity of the orders of the District Magistrate, Patna, dated the 20th of February, 1971 (Annexure 1); dated the 9th July. 1971 (Annexure 2) and dated the 13th of December, 1971 (Annexure 4). They had also challenged the validity of the order of the State Government dated the 6th of December 1971 (Annexure 5). In C. W. J. C. No. 46 of 1972 the petitioners had only challenged the validity of the order of the State Government dated the 6th of December. 1971 a copy whereof has been made Annexure '1' to that writ application. It appears that the Government subsequently modified the order dated the 6th of December, 1971 by an order dated the 17th of March, 1972 a copy whereof has been made Annexure '17' to the reply filed by the petitioners to the counter-affidavit filed on behalf of the respondents in C.W.J.C. No. 1722 of 1971. At the time of the hearing of these two writ applications only the validity of the order of the State Government dated the 17th of March. 1972, as contained in Annexure 17 read with the order of the State Government dated the 6th of December, 1971 (Annexure 5 to C. W. J. C. No. 1722 of 1971 and Annexure 1 to C.W.J.C. No. 46 of 1972) was challenged.
(3.) In exercise of the powers conferred by Section 5 of the Essential Commodities Act. 1955 (Act 10 of 1955) hereinafter to be called "the Act", the Central Government by Notification No S. O. 1844 dated the 18th of June. 1966, delegated the powers to the State Government to make orders under Section 3 (1) of the Act to provide for the matters specified in Clauses (d). (e). (f), (a), (h), (i), (ii) and (j) of Sub-section (2) thereof in relation to all the commodities other than foodstuffs and fertilisers on certain conditions. The Governor of Bihar in exercise of the powers conferred by Section 3 of the Act read with the order of the Government of India in the Ministry of Commerce published under Notification No. S. O. 1844 dated the 18th of June. 1966, and with the prior concurrence of the Government of India made the Bihar Essential Commodities--other than foodgrains--Prices and Stocks (Display and Control) Order. 1967 (hereinafter to be called "the Control Order") by Notification No. G.S.R. 1. dated the 20th of January, 1967 published in the Bihar Gazette Extraordinary dated the 2nd of March. 1967. By that Control Order certain commodities were placed in Schedule I and certain commodit es were placed in Schedule II. By Notification No. S.O. 2878, dated the 22nd of August. 1968. the Central Government in exercise of the powers conferred by Sub-clause (xi) of Clause (a) of Section 2 of the Act declared "Tyres and tubes of cars and tractors" as an essential commodity for the purposes of the said Act (vide Annexure 'C' to the counter-affidavit filed on behalf of the respondents in C.WJ.C. No, 1722 of 1971). By Notification No. S.O. 85. dated the 3rd of January. 1969 the Central Government in exercise of the powers conferred by Sub-clause (xi) of Clause (a) of Section 2 of the Act made amendment in the notification dated the 22nd of August 1968, and for the entry "Tyres and tubes of cars and tractors" the following was substituted, namely. "Tyres and tubes of cars, buses, vans, trucks, automobiles, other category whatsoever, tractors and tractor-trollies" (vide Annexure 'B' to the counter-affidavit filed on behalf of the respondents in C.W.J.C. No. 1722 of 1971). By a notification dated the 18th of December, 1970 published in the Bihar Gazette Extraordinary dated the 22nd of December. 1970 the State Government in exercise of the powers conferred by Section 3 of the Act added a number of items in Schedule IT of the Control Order including "tyres and tubes of cars, buses, jeeps vans, trucks, automobiles of any category whatsoever, tractors and tractor-trollies". Clause 6 of the Control Order, which is relevant for our purpose, reads as follows:--