Das, J. - (1.) This is a petition made under Article 32 of the Constitution by the Chamber of Commerce, Hapur and three individual persons praying for a writ in the nature of 'mandamus' directing the State of Uttar Pradesh and two of its officers in the Food Department to abstain from enforcing the Uttar Pradesh Food Grains (Futures and Options Prohibition) order 1945 or any orders or directions contained in the letters issued by the respondents copies whereof are annexed to the petition and marked B and D. The facts and circumstances leading up to this application may be shortly stated at the outset.
(2.) The Chamber of Commerce; Hapur is a company incorporated under the Indian Companies Act with its registered office at Hapur. There are about 200 members of this Chamber of Commerce including petitioners Nos. 2 to 4. Petitioner No. 3 is also its President and Petitioner No. 2 is also a member of its Executive Committee. The members of the Chamber carry on business in food-grains including pulses both on ready and forward basis. The Chamber acts as a clearing agent for a commission and guarantees the performance of forward contracts by its members upon payment of margin money according to the rules.
(3.) On or about the 1st September 1945 the U. P. Government, in exercise of powers conferred on it by R. 81(2) of the Defence of India Rules, issued Notification No. 8071/c.s. promulgating the United Provinces Food Grains (Futures and Options Prohibition) Order 1945 (hereinafter called "the 1945 Order"). Section 2(a) of that Order defined "foodgrains" as meaning any of the foodgrains mentioned in the schedule thereto, Arhar, peas, urd and moong were mentioned as items 6, 7, 8 and 9 of that schedule. Section 3 provided as follows: "3. No person shall (a) enter into any futures in foodgrains or pay or receive or agree to pay or receive any margin relating to any such futures; (b) enter into any options in foodgrains".;