MEHTA MOTILAL AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India, in which the petitioner has sought issuance of writ of mandamus, prohibition or any other appropriate writ, order or direction for quashing the letter/order (Anx. 4), Annexure 4, amongst others, contains wireless message from the Relief Commissioner, Rajasthan, Jaipur to all the Collectors, which is as under:

(2.) THE petitioner is a licencee and deals in food grains at Jodhpur. The Rajasthan Cattle Fodder (Sale of Stock and Prohibition of Export) Order, 1979 (for short'the Order) was promulgated vide notification No. COM/ Fodder/Rajasthan, P.s (1) RC/Fodder/79 -80/2722 dated October 27, 1979 The Divisional Manager, Northern Railway (respondent No. 2) issued letter No. MT. 154T/132/11/183 (Anx. A) dated November 14, 1979. In this letter, the aforesaid wireless message was reproduced prohibiting the export of Gawar and Gawar Churi outside Rajasthan. The petitioner has stated that Anx. A has infringed his fundamental right to carry on the trade business and therefore, the letter/order (Anx. A) Is illegal, void and without jurisdiction. He has, therefore, prayed that Annesure A may be quashed.

(3.) MR . D.S. Shishodia, Government Advocate also appeared to oppose the writ petition.