Decided on October 23,1984

STATE Respondents


- (1.)Both the above writ petitions are disposed of by one single order as identical questions of fact and law are involved in both the cases.
(2.)In order to appreciate the contentions raised in these cases I would refer to the pleadings made in S. B. Civil Writ Petition No. 603/1984.
(3.)This petition has been filed by M/s. Foremost Dairies Limited, a public limited company registered under the Companies Act, 1956 (hereinafter referred to as 'the Company') and by petitioner No. 2, who is a share-holder of the company. Originally the writ petition was filed on June 12, 1984, challenging the Rajasthan Milk (Export Control) Order, 1984 dated May 9,1984, published in the Rajasthan Gazette Part IV (Ga) dated May 10, 1984, which was brought into force with immediate effect and was to cease to be in force on the first day of September, 1984. After the filing of the writ petition, the State Government has issued similar notifications from time to time extending the period up to September 30, 1984 and now up to October 31, 1984. The petitioners have placed on record Ex. 3, the Rajasthan Milk (Export Control) Order, 1984 published in Rajasthan Gazette dated May 10, 1984 and also an order dated August 31,1984, whereby the validity of the aforesaid Export Control Order was extended up to September 30, 1984 (Annexure-8). In view of the subsequent extension order Annexure 8 issued during the pendency of the writ petition, the petitioner got the original writ amended. The petitioners have challenged the validity of Annexures-3 and 8 on various grounds and have prayed that the same be quashed and the respondents be directed not to interfere in the collection of milk by the petitioners at various places in Dholpur District and export of milk by the petitioner from Rajasthan to their factory situate at Saharanpur (U. P.).

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