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1986 Supreme(Pat) 252

SATYESHWAR ROY
Ranchi Thok Khadya Vyapari Sangh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Satyeshwar Roy, J.

1. When this application was taken up for hearing Mr. Bharuka, learned Counsel appearing on behalf of the petitioners confined his prayer to relief No. 3, that is for quashing Annexure 3, letter from the Food Commissioner dated 19-4-1985 to all Divisional Commissioners by which the latter were informed that licence fee under Bihar Trade Articles (Licences Unification) Order, 1984 (the Order) at the enhanced rates will come into force immediately and Annexure-5, the notification dated 10th July, 1985, by which the State Government amendment the licence fees as mentioned in Schedule IV, the fees prescribed under Clauses (IV) and (VI) of the Order.

2. Petitioner No. 1 is an association of wholesale and retail dealers and petitioner Nos. 2 to 9 are some of the members of petitioner No. 1. Petitioner Nos. 2 to 9 are dealers within the meaning of the order and are carrying on trade in foodgrains, sugar, edible oil, vanaspati etc, after obtaining licence under that order. They obtained licence by paying fees as notified by the notification dated 19th April, 1984 as contained in Annexure-2. The fees as prescribed in Annexure-2 was changed and a higher fees were p




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