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1976 Supreme(SC) 270

N.L.UNTWALIA, P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Sopana Trimbak Wani – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

BHAGWATI, J.:- The appellant was at the material time carrying on business as a wholesale dealer in foodgrains under a licence issued to him under the Maharashtra Foodgrains Dealers Licensing Order 1963 (hereinafter called as the Order of 1963). The license was in a printed form and Clause 7-A of the licence provided that the licensee, if it is a wholesale dealer, shall sell foodgrains only to retailers and not to licenced wholesalers except under a permit obtained from the licensing authority. Note (1) of Cl. 7-A declared that the licensing authority may permit a wholesaler, who is a licensee, to sell foodgrains to a licensed wholesaler in other States, subject to the restrictions that may operate on inter-State movement of foodgrains and also permit a licensed wholesaler of one market to sell foodgrains to a licensed wholesaler in another market within the State, in cases where he is satisfied that such sales are made in accordance with the traditional pattern of trade.

2. On 18th March, 1967, the appellant made three applications to the Mamlatdar for permit to export certain quantities of foodgrains to M/s. Ratilal Ramanlal at "Shrirampur". It was not stated in the appli






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