BALDEV TRADERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, M/s Baldev Traders and a partner of the firm Baldev Kumar, have filed this writ petition under Article 226 of the Constitution of India challenging the Rajasthan Rice Procurement (Levy) Order, 1981.

(2.) THE State of Rajasthan in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 read with the Government of India, Ministry of Agriculture (Department of Food) Order published under GSR 500, dated June 9, 1978, and with the prior concurrence of the Central Government made an order vide notification, dated October 13, 1981, known as the Rajasthan Rice Procurement (Levy) Order, 1981 (hereinafter referred to as "the Levy Order," ). Under the above Levy Order every whole-saler is required to sell to the State Government at the procurement price : (a) 50% of the total quantity of the rice held in stock by him at the commencement of this order; (b) 50% of the total quantity of the rice got milled by him everyday out of stocks of paddy beginning with the date of commencement of this order until such time as the State Government directs.

(3.) IT has also been contended that the levy order can only apply when fresh crop arrives in the market. IT cannot be applied to the goods in stock held by dealers but the State Government is enforcing the levy order for the stock held by the petitioners on the date of levy order coming into force. IT is also argued that there is no levy on the goods which are bought by the dealers after the commencement of the levy order either from the business community within the State or outside. Thus it creates discrimination and offends Article 14 of the Constitution of India.