Sinha, J. - (1.) This is a Rule issued upon the opposite parties to show cause why the West Bengal Food Grains (Intensive Procurement) Order 1952, and the notices complained of in the petition issued on the petitioners in pursuance thereof, should not be declared null and void and, as such set aside, or why appropriate writs should not issue prohibiting them from taking any further steps in pursuance of the said order and the notices issued thereunder or why such other or further order or orders should not be made as to this Court may seem At and proper.
(2.) The petitioners are eighteen in number and are all owners of lands situate in villages within Police Stations Sadardighi and Nawapara in the District of Murshidabad. They state that they cultivate paddy in these lands with the help of the hired labour. They further state that the yield from these lands is their only source of income, out of which they have to maintain themselves and their dependents.
(3.) At the time that this application was originally made, the petitioners had been served with notices under "A" introduced by para 3(3) (a), West Bengal Food Grains (Intensive Procurement) Order 1952, promulgated by the Government of West Bengal, by virtue of powers conferred by Sub-section (1) of Section 3 Essential Supplies (Temporary Powers) Act 1946 (24 of 1946), read with Notification of the Government of India in the Department of Food, No. PY-603 (2)/1, dated 21-10-1946, calling upon them to make a declaration in Form 'B', and directing them in the meanwhile not to deal with or dispose of any portion of stock owned or possessed by them except what was required for family consumption at the prescribed scale, until further orders. The petitioners have made such declarations, but followed it up by applying to this Court for an order directing the opposite parties not to take any further steps to implement the notices in form "A", and for other reliefs. Since then notices in form 'C', have been served upon sixteen of the petitioners calling upon them to deliver their available surplus (as mentioned in the notices) to the officer named therein on or before a date specified. I shall presently deal with these notices in detail. The further implementation of these notices in Form 'C' have been restrained, pending the hearing of this rule.;