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1979 Supreme(Cal) 125

ARUN KUMAR MUKHERJEE
LILA BISWAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.P.CHATTERJEE, ADYANATH GHOSH, AJOY DATTA, AMITAVA DUTTA, B.R.BHATTACHARJEE, B.R.Patranabis, Dipankar Gupta, KASHI KANTA MAITRA, S.C.Ukil, S.PAL CHAUDHARY, SANTOSH CHATTERJI, SOUMEN BOSE, SUBHAS BANERJI

ARUN KUMAR MUKHERJEE, J.

( 1 ) COMMON questions of law and facts are involved in these Rules. Accordingly, these were heard together. This judgment shall dispose of a bunch of forty writ petitions.

( 2 ) BY a Gazette Notification dated August 3, 1978, the Governor in exercise of the power conferred by sub-paragraph (3) of paragraph 1 of the West Bengal Rationing Order 1964 ws pleased to direct that the said order shall come into force on the 4th September 1978 in Jadavpur Police Station amongst others. Thereafter, on the 11th of August, 1978 the Sub-divisional Controller of Alipore directed the wholesalers to surrender the respective licences on the ground that they would cease to function as wholesalers of rice, paddy and wheat and the licence for the said business shall automatically be invalid. They were directed to dispose of the entire stock before 4th of September, 1978, on which date the private trade in rice and wheat would be banned.

( 3 ) THE West Bengal Rationing Order of 1964 was issued in exercise of powers conferred by section 3 of Essential Commodities Act, 1955 read with order of the Government of India (in the Ministry of Food and Agriculture), Department of Food































































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