Prem Chand Jain, J. - (1.) THIS judgment of ours would dispose of L.P.A. No. 306 of 1978 and Civil Writ Petitions Nos. 3065 of 1978, 1816, 1897, 1904, 1911 and 1918 of 1979, as common question of law arises in all these cases.
(2.) M /s. Jai Bharat Dairy Farm, Sohna and another filed a petition (C.W.P. No. 2396 of 1978) challenging the legality of a notification No. GSR 57/C.A. 10/55/ S. 8/78, dated 24th May, 1978, by which the Haryana Milk and Milk Products Control Order, 1978 (hereinafter referred to as the Control Order, 1978) was made. Under Clause 3 of that Order, use of milk for the manufacture of cream etc., as also its export from the State of Haryana, as detailed in Clause 3 thereof, for the period 24th May, 1978 to 14th July, 1978, was prohibited. A learned Single Judge of this Court dismissed the writ petition on June 7, 1978. Dissatisfied from the judgment of the learned Single Judge this appeal under Clause 10 of the Letters Patent has been filed. Ram Avtar Gupta has filed C.W.P. No. 3065 of 1978 calling in question the legality of the said Control Order. This petition was ordered by the Bench to be heard along with L.P.A. No. 306 of 1978.
(3.) THE Control Order issued through the aforesaid notification was operative only from 24th May, 1978 to 14th July, 1978. In the ordinary course, the appeal and the said writ petition would have become infructuous, but the same deserve to be decided as again in the year 1979 the Haryana Milk and Milk Products Control Order, 1979 (hereinafter referred to as the Control Order, 1979) has been promulgated, the provisions of which are almost identical with the earlier Control Order. The vires of the Control Order, 1979, have also been challenged through Civil Writ Petitions Nos. 1816, 1897, 1904, 1911 and 1918 of 1979.;