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1978 Supreme(SC) 266

S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD, P. N. BHAGWATI, D. A. DESAI, P. N. SHINGHAL
Chandrakant Saha: Hardhan Das: Shyamalal Kumar Roy: Ashok Kumar Paul: Durga Prasad Aggarwal – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.K.SEN GUPTA, A.Subhashini, A.T.PATRA, Amlan Ghosh, D.P.MUKHERJI, DEBI PRASAD PAL, F.M.Khanna, G.S.CHATTERJEE, Laxmi Arvind Mathur, M.M.KSHATRIYA, N.R.CHAUDHARY, P.K.GUPTA, P.K.MUKHERJI, P.K.PALLI, PRAVIN KUMAR, PRODYOT CHAKRAVARTI, R.P.ROY, R.S.CHITALE, RATHIN DAS, S.K.Bisaria, S.R.AGARWAL, S.S.RAY, SUKUMAR GHOSH, VINA DEVI KHANNA

Judgment

FAZAL ALI, J. :- A large batch of writ petitions has been filed in this Court challenging the constitutional validity of the Rice-Milling Industry (Regulation) Act, 1958 as amended in 1968, on the ground that some of the provisions of the aforesaid Act are clearly violative of Articles 14, 19 and 301 of the Constitution of India. Serious objection appears to have been taken to those provisions of the Act which require the petitioners who are owners of Rice Husking Mills or Rice Hullers to take out a licence for husking rice.

2. We propose to take up the writ petitions of Bijoy Kumar Majhi (Writ Petitions Nos. 1759-1949 of 1977). The main contention of the petitioners has been that there are as many as 18,000 husking mills owned and operated by various persons in the State of West Bengal and each mill employs 4 or 5 persons. The provisions of the Act which require the petitioners to take licences for operating the mills amount to a complete destruction of the fundamental right of the petitioners to carry on business and the provisions further contain unguided and uncanalised powers so as to violate the provisions of Article 14. In all the other writ petitions the arguments pu























































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