Grover, J. - (1.) The points involved in the writ petition and the appeals by special leave relate to the constitutionality and validity of the provisions of three Control Orders issued under S. 3 (2) (d) of the Essential Commodities Act, 1955 (Act 10 of 1955) , hereinafter called the "Act". The validity of S. 3 (2) (d) of the Act itself has also been assailed.
(2.) The Control Orders which were promulgated under S. 3 (2) (d) of the Act were the following: (i) The Rice (Southern Zone) Movement Control Order, 1957 (ii) The Southern States (Regulation of Exports of Rice) Order, 1964; and (iii) The Andhra Pradesh Rice and Paddy (Restriction of Movement) Order, 1965. In the appeals the appellants had moved the High Court of Andhra Pradesh under Art. 226 of the Constitution. There the petitioners were dealers in rice and rice products such as puffed, parched and beaten rice (beaten rice is known as 'powa' while, parched and puffed rice is known as 'Murmura') . Some of the petitioners had applied for permits to export powa, murmura and idlirava from the State of Andhra Pradesh to other States while others had applied for permits to transport one or other of the rice products to some places within Andhra Pradesh. The applications for permits were either rejected or were not disposed of by the authorities concerned. In the writ petitions the High Court examined all the contentions raised exhaustively and repelled the attack on the constitutionality of S. 3 (2) (d) of the Act as also the relevant clauses of the control orders.
(3.) Section 3 of the Act provides: (l) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices or for securing any essential commodity for the defence of India or the efficient conduct of military operations it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by subsection (1) an order made thereunder may provide (a) ********** (b) ********** (c) ********** (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; The 1957 Control Order extends to the States of Andhra Pradesh, Kerala, Madras, Mysore and Pondicherry which has been called the Southern Zone. According to cl. 3 (1) no person can export or attempt to export or abet the export of rice from any place within the Southern Zone except under and in accordance with a permit issued by the State Government concerned or any officer authorised in this behalf by that Government subject to the condition that such export shall be regulated in accordance with the export quotas fixed by the Central Government. Now this Control Order made a division into Southern Zone or regions in the matter of export of rice. By the Control Order of 1964 the Southern Zone or regions were further divided into four specified areas i.e. States of Andhra Pradesh, Kerala, Madras and Mysore. Clause 3 of this Order prohibited the export by any person of rice from any place within a specified area to a place outside that area except under and in accordance with the permit issued by the State Government or an officer authorised by that Government in that behalf. The rice was defined by cl. 2 (b) to include broken rice and paddy as also broken rice and paddy products other than bran or husk. The Control Order of 1965 imposed further restrictions on the movement of rice and paddy. By clause 3 restrictions were placed on the movement of these commodities from any place in any block to any place outside that block even within the State of Andhra Pradesh.;