S.H.A.RAZA - (1.) While hearing writ petition No. 1333(MB)/1996, the record of writ petition No. 48(MB )/1996 was called for. Para 1to 36 of writ petition No. 1333(MB)/1996 are mere reproduction of paras 2 to 37 of W.P. No. 48(MB)/1996. Para 38 of W.P. No. 1333(MB)/ 1996 is similar to Para 38 of W.P. No. 49(MB)/ 1996. A counter-affidavit has been filed on behalf of the respondents in W.P. No. 48(MB)/96. On the statement given at bar, learned standing counsel stated that in W.P. No. 1333(MB)/1996, the counter-affidavit filed in W.P. No. 48(MB)/1996 be also read.
(2.) In view of the aforesaid facts, both the writ petitions were heard together and judgment was reserved.
(3.) In both the writ petitions, the petitioners have prayed for quashing of the Govt. Order dated 8-9-1995, issued by the State of U.P. They also prayed for the issuance of a writ in the nature of mandamus declaring clause 1 (4) of the notification dated 28-9-1995 ultra vires to the Constitution of India and to issue a release certificate to the petitioners in respect of the rice produced upto 30-9-1995 without insisting for the delivery of levy on the rice.;