S.B. Sinha, J. - (1.) This appeal is directed against a judgment and order dated 13.5.98 passed by a learned Single Judge of this Court whereby and whereunder the writ petition filed by the appellants herein was allowed in p .
(2.) The fact of the matter lies in a very narrow compass.
(3.) The appellants are owner of a Dal mill known as Sarvoday Dal Mill. It had been granted licence to run and operate the said Dal Mill by the Calcutta Municipal Corporation. It, however, does not possess any licence under the provisions of West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealers Licensing) Order, 1978, made by the State in exercise of its delegating notification issued by the Central Government in exercise of its power under section 5 of the Essential Commodities Act, 1955. The sole contention of the appellants before the learned trial Judge as also before us is that it being a producer, no licence was required to be taken by it. The words 'dealer' and 'producer' had been defined in clauses (b) and (h) of paragraph 2 the said order, which read thus:- "(b) "dealer" means a person engaged in the business of purchase, sale, or storage for sale, of any pulses, edible oilseeds or edible oils, whether or not in conjunction with any other business and includes his representative or agent; (h) "producer" means a person carrying on the business of milling any of the pulses or expelling or extracting or manufacturing any edible oil- (i) by buying pulses or edible oilseeds for being processed by himself and selling the finished products to a wholesaler or through a commission agent, or (ii) by doing any of the processes of milling expelling, extracting or manufacturing on behalf of another.";