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1975 Supreme(Pat) 197

S.N.P.SINGH, S.K.JHA
Jadu Sah – Appellant
Versus
District Supply Officer, Aurangabad – Respondent


Judgment

S.K.JHA, J.

1. In this application under Arts.226 and 227 of the Constitution the petitioner has prayed for the issuance of an appropriate writ quashing the demand notice issued against it by the District Supply Officer, Aurangabad, as contained in Annexures - 1 and 2 to the application. Annexure - 1 dated 9-12-1974 is a notice to the petitioner under the Bihar Rice and Paddy Procurement Order, 1974 (hereinafter referred to as the 1974 Order) demanding delivery of 750 quintals of rice as levy from the petitioner. By Annexure - 1 the petitioner had been directed to deliver it in an installments of 200 quintals out of the aforesaid quantity of 750 quintals by the 15th of December, 1974. Annexure - 2 dated 31-12-1974 was a notice from the District Magistrate and Collector, Aurangabad, to the petitioner intimating to it that it had failed to comply with the notice dated 9-12-1974 and that, therefore, it was again directed to deliver the quantity required under Annexure - 1, failing which the petitioner would be proceeded against under clause 22 of the 1974 Order, as also would be liable to prosecution under the Essential Commodities Act, 1955 . The petitioner challenged the val


















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