GOPAL SINGH Vs. DIRECTOR FOOD SUPPLIES

JUDGEMENT

(1.) THIS petition under Article 32 (2 -A) of the Constitution of India as applied to the State of Jammu and Kashmir and Section 103 of the Constitution of Jammu And Kashmir, seeks issuance of a writ of mandamus or other appropriate writ enjoining the respondents to forebear from putting obstacles in the way of the petitioners importing wheat into the city of Jammu, or taking it any where within Zone No. 1 as fixed under clause 2 (g) of the Inter -Zonal wheat and wheat products (Movement Control) order. 1969 made by the Central Government on the 16th April, 1969, under Section 3 of the Essential Commodities Act, 1955, hereinafter referred to as the Inter Zonal order.

(2.) THE petitioner has inter -alia alleged that he is a farmer belonging to village Gol, Tehsil, Jammu, that he grows wheat on his land, that he wanted to bring his surplus wheat i.e. wheat exceeding his personal needs into the city of Jammu with a view to disposing it of in the open market in the city, that on his arrival along with the said commodity at the Octroi Check Post, Talab Tillo Jammu he was prevented from proceedings towards the city by the personnel manning the post with the result that he had to take back the said wheat to his village, that on questioning the personnel he was informed that the import into and export from the city of Jammu of wheat had been banned by the respondents, that the respondents have no authority to impose restrictions on the import of wheat into the city of Jammu. that the Essential Supplies (Temporary Powers) Ordinance, 2003, hereinafter referred to as the Ordinance under which S. R O. No. 218 dated 3rd June, 1967 imposing restrictions on the import into and export from the city of Jammu of the commodity had been issued, was repealed with the coming into force of the Central Laws (Extention to Jammu and Kashmir Act.) 1968 (Act 25 of 968) by virtue of which the Essential Commodities Act 1955, (Act -No. 10 of 1955) was inter -alia made applicable to the State of Jammu and Kashmir, that clause 3 of that Inter Zonal Order which extends to the whole of India, merely prohibits the export or attempt to export or abetment of the wheat without permit from any place within a Zone to any place outside the Zone, that the petitioner cannot be restrained from moving or taking the wheat from one place to another within the area comprised in the first Zone as specified in the Schedule annexed to the Inter Zonal order, that has a result of the illegal acts of the respondents, the petitioner is forced to sell the wheat at Rs 65/ - per quintal whereas the price per quintal of the commodity has been fixed by the Central Government at Rs. 7675 and that the whole procedure adopted by the respondents was illegal and unwarranted.

(3.) THE petition has been resisted by the respondents averring inter -alia, that the petitioner has no fundamental or other right to bring wheat into the city of Jammu, that the respondents have knowledge about the needs of the petitioner or about his desire to bring excess wheat into the city of Jammu, that by virtue of Government order S. R. O. No. 218 dated 3rd June, 1967, the import of wheat or its products into the city of Jammu (which is a rationed area) was prohibited, that food rationing in the cities of the State is a part of all India Scheme as the country as a whole is deficit in wheat, that to feed the people residing in Jammu city food rationing had been introduced as an equitable step for the distribution of food stuff, that the import of wheat or its products into the city would upset the rationing scheme and defeat the very purpose for which it had been introduced into and was carried on in the city and would also adversely affect the supply of wheat to other deficit areas in the State, that the respondents had, therefore, issued orders to ensure compliance with the said S. R. O No. 218 dated 3rd June, 1967, that in the matter of production of wheat the State of Jammu and Kashmir continues to be a deficit area, that all orders instructions, bye -laws schemes or notifications made or issued by the State Government under the ordinance have been saved even by the General Laws (Extension to Jammu and Kashmir), Act, 1968, by virtue of which the Essential Commodities Act, 1955 has inter -alia been extended to the State, that Inter -Zonal Order did not modify repeal, supersede or in any way restrict the application of S. R. O. No. 218 dated 3rd June. 1967, which continued to be valid and enforceable law, that keeping in view the facts that the Jammu and Kashmir State is deficit in wheat and the Jammu and Kashmir has to supply wheat at subsidered cheap rates to the persons residing in rationed areas in the State, the State Government had fixed the procurement price of wheat at Rs 65/ - per quintal, the respondent No. 1 was willing to purchase wheat at the said rate from the petitioner and that the petition was mis -conceived and the petitioner was not entitled to any relief.