BANERJEE, J. :- This is an application by the petitioner Basanti Rice Mill for setting aside an order purported to have been made under S. 13(1) of the West Bengal Rice Mills Control Order (1949), suspending the milling licence of the mill for a period of three months with effect from the date of the service of the order.

2. The petitioner is a Rice mill which has been carrying on the business of milling rice from 1937. In order to carry on business as a mill it is required to take out a licence every year.

3. Clause 4 of the West Bengal Rice Mills Control Order 1949 provides :

"No person shall engage in any undertaking or business of milling rice except under and in accordance with the conditions of a licence issued in that behalf by the Commissioner."

4. "Commissioner" has been defined by the Act. It means :

"Food Commissioner, Government of West Bengal, or any other officer authorised by him in writing in this behalf to perform all or any of the functions of the Commissioner under this Order."

5. The order in question was made by a gentleman who at that time was the Regional Controller of Procurement, Region II, Asansol. But for the purpose of this application, learned Advoca