MODI, J.:-

This is a writ application by the Mewar Textile Mills Bhilwara under Art.226 of the Constitution and has arisen under the following circumstances.

2. The petitioner is a limited company carrying on business of the manufacture and sale of yarn and cloth at Bhilwara, and, inter alia manufactures Dhoties. It is admitted that the petitioner increased the number of spindles from 7812 to 10860 and the number of looms from 250 to 300 during the period, April 1952 to December, 1952. The Government of India in exercise of the powers conferred by S.3, Essential Supplies (Temporary Powers) Act (No.24) of 1946 made the Cotton Textiles (Control) Order, 1948. By Cl.20 of the Order, the Textile Commissioner was given the power to issue directions from time to time to any producer regarding the classes or specifications of cloth or yarn and the maximum or minimum quantities to be produced, and it was incumbent upon the producer to produce cloth or yarn accordingly.

In pursuance of Cl.20 referred to above, the Textile Commissioner, Bombay, issued a notification dated 9-12-1952, by which he directed that no producer shall, during December, 1952, and every subsequent month thereafter