HANANT LAL AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications have been filed by the petitioners for quashing the notification dated the 15th January, 1973, being G.S.R. No. 7. issued by the Department of Supply and Commerce. State of Bihar. purporting to amend the Bihar Rice and Paddy Procurement Order, 1972. (hereinafter to be referred to as 'the said Order'), as also for quashing the demand notices which are Annexures 1 to 1/10 in C.W.J.C. No. 293 of 1973, and Annexures 1 to 1/9 in C.W.J.C. No. 297 of 1973, whereby the petitioners have been called upon to deliver certain quantities of paddy to the Manager of the Government godowns of the places mentioned therein within the period prescribed in those notices. It has been stated in those notices that the price, to be Paid to the petitioner, would be fixed by the Block Development Officers concerned and further that if they do not comply with the said demand notices, they would be liable for prosecution under the Bihar Foodgrains Dealers' Licensing Order.

(2.) The grievance of the petitioners is that in exercise of the powers conferred under Section 3 of the Essential Commodities Act. 1955 (hereinafter to be referred to as 'the Act') read with the Government of India Ministry of Food. Agriculture. Community Development and Co-operation (Department of Food) Order No. G.S.R. 316 (E) dated the 20th June, 1972, and with prior concurrence of the Central Government, the Bihar Rice and Paddy Procurement Order. 1972 was made by the Governor of Bihar, which is dated the 5th December, 1972. Clause 13 (1) of the said Order makes a provision that every licensed miller shall sell to the State Government at the procurement price at his mill premises forty per cent of each of the varieties of rice produced or manufactured in his rice-mill every day, beginning with the date of commencement of the said Order and until such time as the State Government otherwise direct. The said Clause 13 (1) has a proviso, which reads as follows:--

(3.) It appears that the State Government by a notification dated the 15th January, 1973, published in the extraordinary issue of the Bihar Gazette have deleted the first proviso to Sub-clause (1) of Clause 13, as well as the first and second provisos to Sub-clause (2) of Clause 13 quoted above.