Narasimham, J.

1. The petitioner, who is a cultivator of Patna District has challenged the validity of a direction given to him (Annexure A) in pursuance of the provisions of the Bihar Foodgrains Procurement Order, 1966 (hereinafter referred to its the Order) to deliver certain quantity of paddv at the Government godown.

2. On the 26th October 1962, the President issued the well known proclamation of Emergency under Article 352 (1) of the Constitution, and thereafter the Defence of India Act, 1962, was passed by the Parliament. Subsection (1) of Sec.3 of that Act conferred power on the Central Government to make rules for maintaining supplies and services essential to the life of the community. In Subsection (2) of that section various matters which may be provided for in the rules were specified "without prejudice to the generality of the powers conferred by Sub-section (1) ". Clause (23) of Sub-section (2) referred to (omitting immaterial portion) "the control of trade or industry for the purpose of regulating or increasing the supply of, and the obtaining of information with regard to articles or things of any description whatsoever, . . .for maintaining supplies and ser