( 1 ) THIS is an appeal by the Director of Consumer Goods, West Bengal, and also by the State of West Bengal against a Judgment of Bose J. by which he allowed an application filed by the respondents under Article 226 of the Constitution.

( 2 ) THE facts which are material for the purpose of this appeal may be briefly stated as follows: The respondent Is a firm registered under the Indian Partnership Act and carries on the business of manufacture of an adhesive substance known as P. B. Clay which is intended for use in building works. The respondent has been carrying on this business since 1943 and the Government of India acting under the Hoarding and Profiteering Prevention Ordinance (No. XXXV of 1943) fixed the price of P. B. Clay Between the years 1943 and 1948, the respondent used to sell the products at the prices fixed by the Government of India. According to the report of the Government Test House at Alipore, dated October 20, 1943 cement was no part of the composition of P. B. Clay but subsequently cement was used as an essential ingredient of the respondent's products and it is now admitted that cement does form an essential ingredient of P. B. Clay. The report