- (1.)THESE 12 Petitions under article 226 of the Constitution involve common questions as to the applicability of the Sugar (Control) Orders issued under the Essential commodities Act, 1955.
(2.)THE Petitioners are self consignees for certain bags of "khandsari" sugar despatched from various stations in Uttar Pradesh to the How rah Station by the Eastern Railway. The Railway (Respondents 1-3, 8 have refused to deliver the bags to the petitioners under advice of respondent No. 7, which is at Ann. X to the counter affidavit, dated 5. 7. 66. Respondent No. 7 the Central Bureau of investigation, has also launched prosecution against the Petitioners before the Sub-Divisional Magistrate, Howrah (Respondent No. 4), and some of the petitioners have also been arrested.
(3.)THE Petitioners' case is that the order withholding delivery as well as the criminal proceedings are all without jurisdiction.