( 1 ) THIS is an application under Article 226, of the Constitution for a writ in the nature of Mandamus directing the respondent to issue a License to the petitioner under the West Bengal Rice Mills Control Order, 1949, for running a Mill for the purpose of husking paddy.

( 2 ) THE petitioner is the proprietor of a husking machine known as Bani Rice Mill situated at Village Gograash, P. O. Raghunath Bari, in the District of idnapore.

( 3 ) THE petitioner had a license for the purpose of running his Mill being License No. 395 M. D. R. , dated 19-3-1947 issued to him under the Bengal Rice Mills Control Order, 1943.

( 4 ) THE said Control Order of 1943 was repealed in 1949 by the West Bengal Rice Mills Control Order, 1949 which came into force on 21-12-1949. The Control Order of 1949 provided that persons who were engaged in the business of milling rice were to take out a License under the Control Order 1949 within a month of the commencement of the Order. By a subsequent Notification the period of one month as provided in the Order was extended up to 31-3-1950 making the old license valid up to that date. On 21-1-1950 the petitioner made an application for issue of a li