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1977 Supreme(Pat) 57

SHAMBHU PRASAD SINGH, S.K.JHA
Mahadeo Oil Mills – Appellant
Versus
Sub-divisional Magistrate Araria – Respondent


Judgment

S.K.JHA, J.

1. All the 16 petitioners in this application under Arts. 226 and 227 of the Constitution of India are mills represented through their proprietors. They are registered licensees under the Rice Milling Industry (Regulation) Act, 1958 (hereinafter to be referred to as the Milling Regulation Act) and hold valid licences under that Act. They have challenged the legality of the notices issued to them, as contained in Annexure 1 series, by the Sub-Divisional Magistrate, Araria, respondent 1. By the impugned notices, each of the petitioners has been directed to deliver, by way of levy, 25 quintals of rice or 40 quintals of paddy at the procurement price. Each of them has further been directed to deliver the aforesaid quantity at the block godown of the State Food Corporation and has been threatened that, in the event of its failure to do so, its licence shall be cancelled and proprietor of each of such petitioners shall be liable for prosecution under the provisions of the Essential Commodities Act, 1955 (Act 10 of 1955) hereinafter to be referred to as the Act. The demand for the aforesaid levy has been purported to be made under the provisions of the Bihar Rice and P





















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