BAHADURMAL SETHIA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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B.C.Mitra, J. -
(1.)This is an application for appropriate rates and directions directing the respondents to forthwith recall, cancel and withdraw the West Bengal Rice Mills Control Order, 1967 and also for an order directing the respondents to refrain from giving effect or further effect to the provisions of the said levy order and for other incidental reliefs.
(2.)Petitioner No. 1 is a Director of a Rice Milling Company, the petitioner No. 2 is a partner of a firm engaged in milling rice and the petitioner No. 3 is a society registered under the Societies Registration Act. All the members of the petitioner No. 3 claim to be the licensed millers of rice. The business of rice mills consists of the purchase of paddy from the market and recovery of rice from such paddy for ultimate sale of rice to wholesalers in different parts of the State.
(3.)On April 18, 1967, the respondent made an order known as the West Bengal Rice Mills Control Order, 1967 in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955. On the same day, the respondent also made another order known as the West Bengal Rice Mills (Levy) Order, 1967. This order was published in the Calcutta Gazette on the same day. Under Clause 4 of this order procurement price was fixed for different grades of rice. Clause 4 of the order is as follows: "(4) Procurement prices -- (1) For purpose of this order, the procurement prices of different varieties and grades of rice shall, subject to the provisions of sub-paragraphs (2) and (3) be as follows:
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