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1971 Supreme(Pat) 53

N.L.UNTWALIA, S.SARWAR ALI
Richpal Birmadutta – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: B.P. Rajgarhia, S.K. Sharan, B.P. Gupta in C.W.J.C. 856/69, Hari Lal Agarwal and G.C. Bharuka in C.W.J.C. 146/70
For Respondents/Defendant: Mr. Shreenath Singh, Standing Counsel

JUDGMENT :

N.L. Untwalia, J.

1. These two writ applications have been heard together as common questions of fact and law are involved in them and both are being disposed of by a common JUDGMENT :. In C.W.J.C. 856 of 1969 there are 11 petitioners, out of whom petitioner no. 11, the Jamshedpur Chamber of Commerce, seems to be an unnecessary party. The three respondents are (1) the State of Bihar, (2) the Deputy Commissioner, Singhbhum, Chaibassa and (3) the District Supply Officer, Singhbhum, Chaibassa. The petitioners have obtained a rule from this Court under Article 226 of the Constitution of India against the respondents to show cause why Clause 6 of the Bihar Foodgrains Dealers' Licensing ORDER :, 1967 made under Section 3 read with Section 5 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), hereinafter called the Licensing ORDER :, be not declared ultra vires and why a writ in the nature of certiorari should not issue to call up and quash the ORDER :dated 19.6.69 passed by the Deputy Commissioner, Singhbhum, respondent 2, a copy of which is Annexure 4, as also the circular of the State Government contained in Annexure 5 along with the covering letter (Annexure 6) a





























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