BAIDYANATH DHAM PRASADI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed, by Baidyanath Dham Prasadi Bikreta Sangh through its Secretary and by about 21 other traders carrying on business in Baidyanath Dham challenging the prices of various items fixed by the authorities.

(2.) THE petitioners are aggrieved by the order dated 17.7.1999 with is at an -nexure -3 issued by the Subdivisional Officer, Deoghar (respondent no. 2). By the said order, respondents concerned have fixed the prices of items, like Pera, Chura and Elaichidana along with other items. By the said notification dated 17th July, 1999 prices of various other items have also been fixed, but in the instant writ petition the grievance has only been raised for fixation of prices of Pera, Chura and Elaichidana. Therefore, decision of this Court is confined only to the question of price.

(3.) THE grievances of the petitioners are that neither Pera nor Chura and Elaichidana are included in Schedule -I and II of the items prescribed in clause -(6) of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1979 (hereinafter called the said Order). As such the said order does not apply to such commodities. It has further been stated that the subdivisional officer has no role to play under the provisions of Essential Commodities Act, and also under the said Order. As such he has no authority to fix the prices of the said commodities. It has also been stated that in the meeting which was held in the Chamber of the S.D.O., Deoghar on 6.7.1999 under the Chairmanship of the S.D.O. some of the shopkeepers objected for fixation of rate by the S.D.O. and presented before the S.D.O. a copy of the order of the Hon 'ble High Court passed in C.W.J.C. No. 6591 of 1997, but even then the S.D.O. fixed the prices of all the items like Pera, Chura and Elaichidana and directed the shopkeepers to comply with the said order.