Manas Nath Roy, J. - (1.) In this Rule, the petitioner, who is the sole proprietor of a Rice Mill known as Manada Rice Mill (hereinafter referred to as the said Mill) has impeached an order dated 26th April, 1974, by which the District Controller, Food & Supplies, Bankura, has asked him to show cause in writing as to why his licence shall not be suspended, revoked and the security deposit should not be forfeited for his failure to comply with the terms of the grant which was made by an order dated 13th February, 1974.
(2.) Before dealing with the facts as mentioned in the petition it must be recorded first that although the Rule was made ready as regards service on 24th January, 1975, no return to the same has been filed by the appearing respondents.
(3.) The petitioner, it appears, is carrying on his business in Rice Mill for the last 10 or 11 years except for a short break, when he could not run the same on account of various reasons beyond his control. He has stated that when he was running the said Mill prior to 19/2 he had arrangements for boiling, fanning, drying, storage etc., and accordingly he could run the said Mill on the system known as own account which means that the rice miller purchases paddy outright from the producer and then undertakes all operations on his own account to convert the paddy into rice and then sell the same in open market on his own account. For such operation on his own account it has also been stated that the rice miller is required to take a licence under the West Bengal Paddy and Rice (Licencing and Control) Order, 1967 (hereinafter referred to as the said Order). It has been stated by the petitioner that the said Order has nothing to do with rice milling as such but requires a rice miller to take out a licence under the said order, if he purchases paddy for milling rice and sells rice as produced out of such paddy.;