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1971 Supreme(Pat) 22

N.L.UNTWALIA, S.SARWAR ALI
Teknarayan Mahesh Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

N.L.Untwalia, J.

1. In all these eleven writ cases is involved the question of the constitutional validity of the Bihar Rice and Paddy Procurement Order, 1970 (hereinafter called the Procurement Order) and, therefore, they have been heard together and are being disposed of by a common judgment. Counter-affidavits and affidavits in reply could not be filed in all the cases but when some of them came up before us for making an interim order of stay, it was agreed on behalf of the petitioners as also the State that the counter-affidavits and affidavits in reply filed in some would be used in all. There was no difficulty in adopting this course as there are not many questions of fact or any special fact involved in any of them.

2. On the 30th of October, 1970 the Governor of Bihar was pleased to make the Procurement Order which came into force with effect from the 1st November, 1970. The preamble states that the Governor of Bihar being of the opinion that it is necessary and expedient to make the Order for maintaining the supplies of rice and for securing its equitable distribution and availability at fair prices, has made it in exercise of the powers under Sec.3 of the Essenti











































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