Clauses 9 and 13 of the West Bengal Rice Mills Control Order, 1949, which empowered the cancellation or refusal of a license without assigning any reasons, were invalid as they overstepped the limits of reasonableness and violated the petitioner's right to a fair hearing.

( 1 ) THIS is a petition under Article 226 of the Constitution for an order on the opposite party to revoke or cancel the order, dated 7/12/1950, issued under his signature, notifying and directing that husking mill owners were authorised to husk half of their previous permitted quantities upto 14/12/1950 and no husking mill should be run after that date without obtaining further orders, and also for issue of permits for running such husking machines without imposing restrictions on the quantities to foe husked, and for issue of licenses to run the husking machines for husking paddy of the local consumers.

( 2 ) THE petnr. is the license-holder of three husking mills situate at Duttapukur, Beliaghatta and Changdana in the Barasat Sub-Division within the District of 24 Perganas, holding License Nos. 35 A. L. P. , 34 A. L. P. and 31 A. L. P. respectively. Barasat Sub-Division is a deficit and non-procurement area. The petnr. had been carrying on the business of husking paddy at the said mills for about the last 20 years and he was first given licence about the year 1945. Previous to that the petnr. used to obtain permits for husking paddy to the extent of about one thousand maunds per month in each mill. The quantity of paddy permitted to be husked was reduced from time to time until, it is alleged, it has reached the figure of 90 maunds and 75 maunds per month in respect of the first two mills. The petnr. was carrying on the. business of husking paddy and was charging 10 annas only per maund. It is alleged that the sole means of livelihood of the petnr. and his family is the income derived from this husking business.

( 3 ) ON 7-12-1950, the opposite party issued a general notice to the following effect :"oeder further to this office order No. 11181 (8) VII-14, dated 16-10-50, 11848 (10) A. P. VII-V ( 50), dated 2-11-50, and 11971 (10) A. P. VII-7 (50), dated 16-11-50, it is notified for general information that the husking mill owners are authorised to husk half of their previous permitted quantities up to 14-12-1950. No husking Mill should be run after that date (without obtaining further orders ). Sd. A. K. Ghose. for A. R. C. P. Alipore 24-Perganas, dated 7-12 50. "

( 4 ) THIS Notice appears to have been forwarded to several Police Stations of different Sub-Divisions.

( 5 ) BY reason of the said order, the petnr. was compelled to close down his mills with effect from 15-12-1950. It is stated that the petnr. had been seeing the A. R. C. P. , Alipore, and demanding justice from him by cancellation of that Order and by granting of fresh permits and licenses but to no effect. It is stated that the sole business of the petnr. is to husk boiled paddy brought by the customers who are permitted by the authorities to husk their paddy for their own consumption. It is farther stated that the system of issuing these permits is that a list of persons who require the paddy to be husked for their own consumption is prepared in duplicate and the list is carefully checked and verified by the local procurement officer who sends the list for issuing husking permits in favour of such interested persons. In fact, however, it appears from the permits which have been annexed to the petition that these permits are issued in the name of the proprietor of the mill and a list of persons who are to get their paddy husked in these mills is attached to such permit. It is stated that as a result of this Order and the closing down of the husking mills, the price of rice shot up in the locality to a certain extent. It is stated that the restriction imposed by the A. B. C. P. , Alipore, regarding the amount of paddy to be husked is an unreasonable restriction. It is pointed out that the quantity allowed to be husked in the neighbouring District of Nadia and in the Sub-Division of Basirhat is a minimum of about 800 maunds

( 6 ) THE petnr. challenges the Order, dated 7-12-1950, as illegal and in violation of the fundamental right of the petnr. gua