Ram Lal Gulati, J. - (1.) This is a petition u/Art. 226 of the Constitution. Petitioner Nos. 2 and 3 are brick -kiln owners of Mathura, while petitioner No. 1 is the Mathura Distt. Bricks Manufacturing Association. The validity of the UP Coal Control Order of 1959 is challenged. The petitioners also challenge certain orders passed under the aforesaid Control Order by which the bricks manufacturers of the Distt. of Mathura are required to furnish periodically to the DM certain information with regard to the production, sale and price of bricks etc. Coal is one of the essential commodities under the Essential Commodities Act, 1955. U/s. 3 of that Act the Central Govt. is empowered to pass orders providing for regulating or prohibiting the production, supply and distribution of any essential commodity. U/S. 5 of that Act it is competent for the Central Govt. to direct that the power to make orders u/S. 3 shall be exercisable also by the State Govt. in relation to such matters and subject to such conditions as may be specified in the direction.
(2.) By a notification dated 2 -4 -1957, the Central Govt. delegated to certain State Govts. including that of the State of U.P. the power u/S. 3 in relation to coal subject to the condition that no order made by any of the said State Govts. in the exercise of the said powers shall have effect in so far as it is repugnant to any order made under the said Sec. by the Central Govt. The State of U.P. purporting to exercise the power conferred upon it under the notification of 2 -4 -1957, issued an Order u/S. 3 of the Act of 1955 called the U.P. Coal Control Order, 1959 for securing an equitable distribution and availability at fair prices of coal in U.P. Under the aforesaid Order no person is allowed to stock, sell, store for sale or utilise coal for burning bricks except under a licence granted under the Order. Cl. 9(1) of the Order of 1959, inter alia, provides that the State Goal Controller or the licensing authority may direct any licensee to maintain such record or furnish such information as may be required.
(3.) In the year 1964 there was great improvement in the availability and supply of the grades and kinds of coal used for burning bricks (non -coking coals grades II and III and slack coal). The Central Govt. decided to remove all controls over the distribution, supply and consumption of these grades and kinds of coal with effect from 1 -7 -1964. By a further notification dated 11 -3 -1965, the restrictions on the movement, taking of delivery of consignment and transfer of non -coking coal was also removed by the Central Govt. As a result of the aforesaid notifications issued by the Central Govt., every person was authorised to acquire, purchase or sell or utilise for burning of bricks the non -coking coal of grades II and III and slack coal without any restriction or permission from any authority. The petitioner's grievance is that in spite of the lifting of the control by the Central Govt., the State of UP is still continuing the restrictions under the U.P. Coal Control Order of 1959 and inasmuch as this action of the State Govt. is repugnant to the orders passed by the Central Govt. the U.P. Coal Control Order has become ultra vires.;