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1976 Supreme(Pat) 88

SHAMBHU PRASAD SINGH, N.P.SINGH
Ayub Bismillah Mills. Rice & Oil – Appellant
Versus
Collector of West Champaran – Respondent


Advocates:
Advocate Appeared:
For the petitioner ; Messrs S.B. Sanyal, G.C. Bharuka, P.D. Agrawal and R.P. Sinha Rajesh
For the respondents and J.N. Jha. Messrs T.K. Jha

NAGENDRA PRASAD SINGH, J.

This writ application has been filed under Articles 226 and 227 of the Constitution on behalf of the petitioner for quashing an order dated the 5th January, 1976, passed by the respondent-Collector, West Champaran, Bettiah, under the purported exercise of power conferred on him under section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'). A copy of the said order is Annexure 7' to the writ application.

2. It appears that the petitioner is a rice mill equipped with five hullers and holds a licence under the Rice Milling Industry (Regulation) Act, 1955. On the 7th July, 1975, an inspection was made of the mill premises of the petitioner by the officers of the Supply Department at about 6 A. M. in the morning and stocks were verified. According to the report, 1948.65 quintals of paddy and 3050. 66 quintals of rice were found. According to the authorities concerned, the possession of the aforesaid quantity of rice and paddy amounted to contravention of the provisions of the Bihar Foodgrains Dealers Licensing Order, 1967 (hereinafter referred to as 'the Licensing Order').A report to that effect having been submitted to the respon








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