( 1 ) IN this application under Article 226 of the Constitution of India the petitioner, inter alia prays for a writ in the nature of Mandamus commanding the respondents to do their public duties in accordance with law and to forbear them from giving any effect or any further effect to the provisions of the West Bengal Licencing of Dealers of Cement and Distribution of Levy cement Order, 1982 to non-levy cement business. Although the matter was contested by the State but no affidavit-in-opposition has been filed by the State.

( 2 ) THE short point involved in the case is as to whether the provisions of West Bengal Licencing of Dealers of Cement and Distribution of levy Cement Order, 1982 are applicable in case of non-levy cement business.

( 3 ) SECTION 3 of the Essential Commodities Act, inter alia, provides that the Central Government may, in appropriate cases, by, an order provide for regulating by licences; permits or otherwise the production or manufacture of any essential commodity or for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity.

( 4 ) SECTION 5 of