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1954 Supreme(SC) 1

GHULAM HASAN, M. C. MAHAJAN, B. K. MUKHERJEE, B. JAGANNATHA DAS, VIVIAN BOSE
Dwarka Prasad Laxmi Narain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, GANPAT RAI, H.J.Umrigar, S.C.ISAACS, S.K.KAPOOR

Judgment

MUKHERJEA, J. : This is an application presented by the petitioners under Article 32 of the Constitution, complaining of infraction of their fundamental rights guaranteed under Article 14 and Clauses (f) and (g) of Article 19 (1) of the Constitution and praying for enforcement of the same by issue of writs in the nature of mandamus .

2. To appreciate the contentions that have been raised on behalf of the petitioners, it would be necessary to give a short narrative of the material facts. The petitioners are a firm of traders who had, prior to the cancellation of their licence, been carrying on the business of retail sellers of coal at a coal depot held by them in the town of Kanpur. It is said, that the District Magistrate of Kanpur as well as the District Supply Officer, who figure respectively as respondents Nos. 2 and 3 in the petition, had been for a considerable time past issuing directives from time to time upon the petitioners as well as other coal depot holders of the town, imposing restrictions of various kinds upon the sale of coal, soft coke, etc.

It is stated that prior to the 14th of February 1953 the prices that were fixed by the District Officers left the coal







































































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