Sinha, J. - (1.) The same point or law is involved in this Matter (No. 154 of 1957), and Matters Nos. 2 to 9, being the next eight cases in the list. There has been only one set of arguments and all the Matters will abide by the result of this judgment.
(2.) The petitioner carries on business as manufacturer of, and dealer in, rice and paddy. The petitioner has a rice mill at Basantlal Saha Road, in Tollygunj, a suburb of Calcutta. On or about 28-8-1957, the petitioner received two orders, signed by the respondent No. 2, copies whereof are annexed to the petition and marked as Exhibit 'A'. We are concerned in this application with Exhibit A at page 11 the relevant part whereof is as follows: "In exercise of the powers conferred on the Government of West Bengal under Clause (f) of Sub-section (2) of Section 3 of the Essential Commodities Act. 1955 (X of 1955), read with Clause (b) of Section 5 of the said Act and Order No. SRO 1925 of the Government of India dated 7-6-1957, the Governor is pleased to make this order requiring you .................... to sell and deliver immediately to the Director of Food or Sri Arunodaya Chowdhury C. I., authorised in this behalf the entire stocks of rice .............. held by you this day the 28-8-1957, as it is necessary to maintain supplies of rice to modified Rationing Shops in Calcutta for distribution to the public at fair prices, and the Governor is pleased further to direct that the price of the stock of rice so sold and delivered by you will be paid to you in due course in accordance with the provisions of Sub-section (3A) of Section 3 of the aforesaid Act."
(3.) Thereafter on 30-8-1957, the petitioner received a letter from respondent No. 3, the Director of Food, intimating to the petitioner that the stock of rice "which has been purchased by the State of West Bengal", would be lifted from 31-8-1957, till completion of delivery. This rule was obtained by the petitioner on 2-9-1957, directing the respondents to show cause why a writ in the nature of Mandamus should not issue directing them to forbear from giving effect to the said order, and for other reliefs. All parties were restrained by an interim injunction from removing any goods from the Mill premises.;