NAURANG RAI CHIRANGI LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question involved in this case relates to the constitutional validity of the Bihar Milled Rice Procurement (Levy) Order, 1958, promulgated by the Government of Bihar, and of the order of the Central Government called the Milled Rice (Bihar) Price Control Order. 1958, fixing the maximum wholesale price of milled rice under the provisions of Section 3(2) of the Essential Commodities Act, 1955 (Act 10 of 1955).

(2.) In pursuance of Section 5 of the Essential Commodities Act (Act 10 of 1955), the Central Government issued a notification No. G. S. R. 1088, dated 15-11-1958, providing that the powers conferred on the Central Government by Section 3(1) to make orders with regard to matters specified in Section 3(2) Clauses (a) to (i) shall in relation to food-stuff be also exercisable by the State Government. In exercise of the delegated powers given by this notification the Government of Bihar promulgated on 29-12-1958 the Bihar Milled Rice Procurement (Levy) Order. 1958, which provided for a compulsory levy on milled rice produced or kept in stock with the owner of a rice mill or a licenced dealer as DEFINEd in the order. Sections 1, 2 and 3 of the Order are reproduced below:

(3.) Cause has been shown in this case by the Advocate General on behalf of the respondents to whom notice of the rule was ordered to be given,