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1973 Supreme(Pat) 104

SHAMBHU PRASAD SINGH, NAGENDRA PRASAD SINGH
Hanant Lal Agrawal – Appellant
Versus
State Of Bihar – Respondent


Judgment

Nagendra Prasad Singh, J.

1. These two writ applications have been filed by the petitioners for quashing the notification dated the 15th January, 1973, being G.S.R. No. 7. issued by the Department of Supply and Commerce. State of Bihar. purporting to amend the Bihar Rice and Paddy Procurement Order, 1972. (hereinafter to be referred to as the said Order), as also for quashing the demand notices which are Annexures 1 to 1/10 in C.W.J.C. No. 293 of 1973, and Annexures 1 to 1/9 in C.W.J.C. No. 297 of 1973, whereby the petitioners have been called upon to deliver certain quantities of paddy to the Manager of the Government godowns of the places mentioned therein within the period prescribed in those notices. It has been stated in those notices that the price, to be Paid to the petitioner, would be fixed by the Block Development Officers concerned and further that if they do not comply with the said demand notices, they would be liable for prosecution under the Bihar Foodgrains Dealers Licensing Order.

2. The grievance of the petitioners is that in exercise of the powers conferred under Sec.3 of the Essential Commodities Act. 1955 (hereinafter to be referred to as the Act) read




















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