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 with the Government of India Ministry of Food. Agriculture. Community Development and Co-operation (Department of Food) Order No. G.S.R. 316 (E) dated the 20th June, 1972, and with prior concurrence of the Central Government, the Bihar Rice and Paddy Procurement Order. 1972 was made by the Governor of Bihar, which is dated the 5th December, 1972. Clause 13 (1) of the said Order makes a provision that every licensed miller shall sell to the State Government at the procurement price at his mill premises forty per cent of each of the varieties of rice produced or manufactured in his rice-mill every day, beginning with the date of commencement of the said Order and until such time as the State Government otherwise direct. The said Clause 13 (1) has a proviso, which reads as follows:-

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"Provided that licensed miller shall not be liable to sell rice to the State Government on the stock of rice produced on account of a licensed wholesale dealer from the paddy purchased by the licensed wholesale dealer, if the licensed miller produces a certificate from the concerned Sub-divisional Officer to the effect that the licensed wholesale dealer has already sold to the State Government the quantity of rice or paddy liable to be sold by him on that stock under this Order."

Sub-clause (2) of the said Clause 13 of the said Order further provides that every licensed wholesale dealer shall deliver to the State Government at the procurement price at his business premises such quantity of paddy and rice as shall be equal in weight to forty per cent of the total quantity of paddy and rice of each of the varieties held in his stock on the date of commencement of the said Order and forty per cent of the total quantity of each of the varieties of paddy and rice purchased by him or coming into his custody or possession for sale or disposal through him on commission basis or in any other manner every day, beginning with the date of commencement of the said Order and until time as the State Government otherwise direct. This sub-clause of Clause 13 has also two provisos which are relevant for the purpose of the case and they are as follows:-

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"Provided that a licensed wholesale dealer shall not be liable to sell paddy to the State Government on such stock of paddy as may be purchased from him by a licensed miller for conversion into rice, and the said rice-miller shall be liable to sell rice to the Government on the stock of rice converted from such paddy, as provided under Sub-clause (1):

Provided that a licensed wholesale dealer shall not be liable to sell rice and/or paddy to the State Government on the stock of rice purchased by him from a licensed miller or paddy and/or rice purchased from another licensed wholesale dealer, if he produces a certificate from the concerned Su