The Levy Order, 1973 did not apply to wheat seed producers as wheat seed was not a food crop and not an essential commodity.

( 1 ) THIS petition has been filed by the petitioner challenging the order passed by the State Government dated 9-10-1973 refusing to exempt the petitioner from the operation of the Levy Order.

( 2 ) ACCORDING to the petitioner Levy Order does not apply to the petitioner as he does not grow wheat (food stuff) but only grows wheat seed which is not fit for human consumption and is not fit for distribution to the general public.

( 3 ) ACCORDING to the petitioner he has a farm in village Ghata Billod where he is engaged in production of seed and he is specially busy in producing wheat-seed. It is also alleged that the petitioner has been recognised as the seed producer and consequently he has represented India as an Indian Delegate in the International Meet. He also alleges that he also associated in Indian associations including Indian Society of Seed Techonolgy and also Indian agricultural Research Institute. He has also alleged that he is one of the pioneers in wheat seed of new varieties and has been selling wheat-seed to the agriculturists including the State Government also.

( 4 ) THAT the Government of Madhya Pradesh issued an Order known as M. P. Wheat Procurement (Levy) Order, 1973 dated 20-4-1973" (hereinafter referred to as 'the Levy Order 1973'), imposing a levy with immediate effect on agriculturists as defined therein at the rate of 40 kg. per acre in case of unirrigated and 100 Kg. per acre in the case of irrigated; where the area under wheat is more than 12 acres. This order issued, according to the petitioner, for the purpose of procuring adequate quantities of wheat for public distribution. According to the petitioner this order only applies to those agriculturists who grow wheat for human consumption; but as the petitioner does not grow wheat but still the levy of 13. 51 quintals was imposed upon him which according to the petitioner could not be imposed as the petitioner does not produce wheat at all.

( 5 ) ACCORDING to the petitioner he approached the State Government through its officers to get an exemption from the imposition of levy under this order. But ultimately he failed and the Government by its Order (Annexure 'f') refused to exempt the petitioner. According to the petitioner the Director of Agriculture vide his letter dated 18th Sept. , 1973 certified that the petitioner is a bona fide seed producer of Indore district and also recommended his case for exemption; but still the State Government did not exempt him, on the contrary passed an order (Annexure 'f') without giving any opportunity to the petitioner of hearing.

( 6 ) IN the return filed by the State Government it is not disputed that the petitioner is producing seed but what is alleged is that the Levy Order applies to the petitioner as he is an agriculturist within the meaning of the term under S. 2 of the Levy Order 1973. The allegations made by the petitioner about his having been recognised as the wheat-seed producer by the Government of india is denied for want of knowledge. As regards the contention advanced by the petitioner in his petition that the Agriculture Department certified him to be a bona fide seed producer is also admitted by the respondent-State in their return. As regards exemption it is contended in the return that it is not necessary for the State Government to exempt any one. It is also contended that it is not necessary for them to hear any one to grant exemption. Apparently therefore tbe facts alleged in the petition are not in dispute; but the only contention raised in the Return appears to be that the Levy Order 1973 applies to the petitioner as he falls within the definition of the term 'an agriculturist' under S, 2 of the Levy Order 1973,

( 7 ) THE petitioner who made his own submissions personally contended that wheat and wheat seed are two different things and the Levy Order which has been brought into force only pertained to the procurement of wheat which is for human consumption and for distribution to