BHANWAR LAL BRIJ GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In all these 6 writ petitions identical questions of law have been involved and learned counsel for the parties made request to decide them by a common judgment. I have accepted the request of the parties.

(2.) The petitioners are businessmen dealing in whole-sale business in pulses, Oil-seeds and Foodgrains etc., at Sri-Karanapur and they are holding the licences for the same under the provisions of Rajasthan Trade Articles (Licensing & Control) Order, 1980.

(3.) According to petitioners, the Rajasthan State issued an order and notified the Rajasthan Trade Articles (Licensing & Control) Order. 1980 (hereinafter referred as 'the order of 1980'), which came into force on 27th of August 1980. The petitioners obtained license under it. According to this, as per terms of license, no restrictions were imposed on the petitioners and petitioners were authorised to keep any quantity of wheat in the storage. According to petitioners, a Notification dated 23-5-1981 was issued, which is Ex. 1. This Notification Ex. 1 reads as under:-- "GOVERNMENT OF RAJASTHAN FOOD & CIVIL SUPPLIES DEPARTMENT NOTIFICATION Jaipur Dated 23-5-1981 S. O. In exercise of the powers conferred by Sub-Clause (ii) of Clause 18 of the Rajasthan Trade Articles (Licensing & Control) Order, 1980 the State Government with prior concurrence of the Central Government hereby fix the maximum limit of 200 quintals of wheat to be possessed by a dealer at any one time. It shall come into force with effect from 27th May, 1981. No. 17 (iii) F/5/Legal/80 By Order of the Governor Sd/ R.P. Nag. Dy. Secretary to the Government."