JUDGEMENT
Satyabrata Sinha, J. -
(1.) All these four appeals raise a question as regards vires of the clauses 9 and 10 of the West Bengal Rice and Paddy (Control) Order, 1997 (hereinafter called and referred to as the said Order). The representative matrix of facts, however, shall be noticed from M.A.T. No. 2689 of 1998.
(2.) The petitioner is a p
nership firm. It possesses importer and exporter quota and the certificates issued by the Agricultural and Processed Food Products Export Development Authority. The petitioner, inter alia, carries on business in export of non-basmati rice. Allegedly, while exporting such rice, it met with obstructions where after it filed a writ application which was marked as W.P. 8523 (W) of 1998 praying, inter alia therein for the following reliefs :
"(a) An order or orders and/or direction or directions declaring paragraphs 9 and 10 of the West Bengal Rice and Paddy (Control) Order, 1997 as ultra wires and void;
(b) A Writ and/or order or orders and/or directions in the nature of Mandamus directing the respondents and each of them to forbear from giving effect to or further effect to and or recall, set aside, rescind and cancel the paragraphs 9 and 10 of the West Bengal Rice and Paddy (Control) Order, 1997."
(3.) The said application has been dismissed by a learned Single Judge of this court upholding the vires of the aforementioned provisions of the said order.;
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