SRIKRISHNA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this writ petition are licenced wholesale dealers in foodgrains under the Bihar Foodgrains Dealers' Licensing Order, 1967 (hereinafter referred to as the 'Licensing Order'). The details of their licences are mentioned in paragraph 1 of the writ petition. In this writ petition they have made a prayer for quashing of the different notices issued to them in exercise of the powers conferred by the Bihar Rice and Paddy Procurement Order, 1974 (hereinafter referred to as the 'Procurement Order') for delivery of rice or paddv as the 'Procurement price to the State Government or its agent for the kharif year 1974-75, as required by Clause 14 (2) of the Procurement Order. Copies of the said notices are Annexure "1" series. The notices have been issued saying that the petitioners have to deliver lew on the basis of the transactions entered into by them during the last five years. The petitioners have challenged the vires of Clause 14 (2) of the Procurement Order, saying that it is arbitrary and unreasonable.

(2.) Clause 14 (2) of the Procurement Order, which is relevant for the present case, reads thus:-- "(2) Everv licensed wholesale dealer shall deliver to the State Government or its agent at procurement price, for the kharif year 1974-75. at his business premises, a minimum of fifty quintals and a maximum of 1,000 (one thousand) quintals of rice as levy which shall be fixed by the Collector on the basis of the highest annual turnover of business in paddy and/or rice during the last five years, in the following manner :-- <FRM>JUDGEMENT_262_AIR(PAT)_1975Html1.htm</FRM>

(3.) During the Dendencv of the writ application, the Governor of Bihar, by notification No. G. S. R. 19, dated the 19th February, 1975, published in an extraordinary issue of the Bihar Gazette, dated the 19th February, 1975, with the prior concurrence of the Central Government, was pleased to amend Sub-clauses (1) and (2) of Clause 14 of the Procurement Order. The amendment to Sub-clause (2) of Clause 14, which is relevant for the present purpose, reads thus:--