Birendra Prasad Singh, R. P. Mandal, JJ.

1. By this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the issuance of writ of certiorari quashing the proceedings in Gaya kotwali P. S. Case No.22 (12)/76.

2. The only point for consideration is as to whether the Bihar Essential articles (Display of Prices and Stocks) Order, 1975, is ultra vires the provisions of the Defence of India Rules, 1971.

3. The Bihar Essential Articles (Display of Prices and Stocks) Order, 1975 (hereinafter called as "the Order") was made by the Governor of Bihar in exercise of the powers conferred by rule 114 of the Defence of India Rules, 1971. This order was made for the maintenance and increase of supplies and services essential to the life of the community and for securing the equitable distribution and availability of any article or thing at fair prices. The order provides for regulating the supply and distribution and the use and consumption of articles and things. Under Clause 3 of the Order, every dealer, before commencement of his business on any day, is required to display conspicuously at place near the entrance to his place of business premises the following :

(a) A list of prices of all articles mentioned in Schedule I. (b) The price of every article mentioned is Schedule II which he deals in by affixing a lable or a price tag to each articles, or by putting a price placed where the article is stored or kept for sale unless the price of the article is already printed on the article itself, or its container or packet or wrapper. (c) List of prices of any article mentioned in Schedule II as may be specified from time to time by the Commissioner or the District magistrate as the case may be : provided that numerals to be used in the list of prices shall be either in Devanagri form or in the international form of Indian numerals. Clause 4 of the order provides that no dealer shall - (a) sell to any person any article mentioned in the Schedules I and II at a price higher than that displayed in accordance with clause (3) ; (b) refuse to sell such articles to any person at a price so specified or marked ; (c) sell any article to any person without issuing a cash memo or a bill and without keeping a duplicate copy of such cash memo or bill as the case may be"

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4 It was submitted on behalf of the petitioner that this Order which has essentially been made for controlling the prices or rates at which any foodstuffs, including oil-seeds and edible oils may be bought and sold has been made by the Scale Government without the prior concurrence of the Central Government. Rule 114 (4) of the Defence of India Rules, 1971, has been referred to in this connection, which reads as under :

"4. Notwithstanding anything contained in sub-rules (2) and (3), an order under these sub-rules for regulating by licences, permits or otherwise the movement or transport of any foodstuffs, including edible oil seeds and edible oils, or for controlling the prices or rates at which any such foodstuffs may be bought or sold, shall not be made by the State Government except with the prior concurrence of the central Government:"

Rule 114 (2) authorises the Central Government or the State Government to moke an order for regulating or prohibiting the production, manufacture, supply and distribution, use and consumption of article or things and trade and commerce therein or for preventing any corrupt practice or abuse of authority in respect of any such matter if the Central Government or the State government is of opinfon that it is necessary or expedient so to do for securing the defence of India and Civil defence, the efficient conduct of military operations or the maintenance or increase of supplies and services essential to the life of the community or for securing the equitable distribution and availability of any article or thing at fair prices. Such an order can be made in respect of various things including the c