CHAMARI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the issuance of writ of certiorari quashing the proceedings in Gaya Kotwali P. S. Case No. 22 (12)/76.

(2.) The only point for consideration is as to whether the Bihar Essential Articles (Display of Prices and Stocks) Order, 1975, is ultra vires the provisions of the Defence of India Rules, 1971.

(3.) The Bihar Essential Articles (Display of Prices and Stocks) Order, 1975 (hereinafter called as "the Order") was made by the Governor of Bihar in exercise of the powers conferred by rule 114 of the Defence of India Rules, 1971. This order was made for the maintenance and increase of supplies and services essential to the life of the community and for securing the equitable distribution and availability of any article or thing at fair prices. The order provides for regulating the supply and distribution and the use and consumption of articles and things. Under Clause 3 of the Order, every dealer, before commencement of his business on any day, is required to display conspicuously at place near the entrance to his place of business premises the following :