CHAMARI RAM Vs. STATE OF BIHAR
LAWS(PAT)-1979-12-7
HIGH COURT OF PATNA
Decided on December 04,1979

CHAMARI RAM Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

STATE OF MADHYA PRADESH VS. CHAINKARAN [REFERRED TO]
A K ABDULLA KASARAGOD VS. STATE OF KERALA [REFERRED TO]



Cited Judgements :-

BAIDYANATH DHAM PRASADI CHURA PERA ELAICHIDANA BIKRETA SANGH VS. STATE OF BIHAR [LAWS(PAT)-1999-11-11] [REFERRED TO]
BRAHNVDEV PANJIYARA VS. STATE OF BIHAR AND ANOTHER [LAWS(PAT)-1998-4-77] [REFERRED TO]


JUDGEMENT

Birendra Prasad Singh, R.P.Mandal, JJ. - (1.)By this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the issuance of writ of certiorari quashing the proceedings in Gaya Kotwali P. S. Case No. 22 (12)/76.
(2.)The only point for consideration is as to whether the Bihar Essential Articles (Display of Prices and Stocks) Order, 1975, is ultra vires the provisions of the Defence of India Rules, 1971.
(3.)The Bihar Essential Articles (Display of Prices and Stocks) Order, 1975 (hereinafter called as "the Order") was made by the Governor of Bihar in exercise of the powers conferred by rule 114 of the Defence of India Rules, 1971. This order was made for the maintenance and increase of supplies and services essential to the life of the community and for securing the equitable distribution and availability of any article or thing at fair prices. The order provides for regulating the supply and distribution and the use and consumption of articles and things. Under Clause 3 of the Order, every dealer, before commencement of his business on any day, is required to display conspicuously at place near the entrance to his place of business premises the following :
(a) A list of prices of all articles mentioned in Schedule I. (b) The price of every article mentioned is Schedule II which he deals in by affixing a lable or a price tag to each articles, or by putting a price placed where the article is stored or kept for sale unless the price of the article is already printed on the article itself, or its container or packet or wrapper. (c) List of prices of any article mentioned in Schedule II as may be specified from time to time by the Commissioner or the District Magistrate as the case may be : Provided that numerals to be used in the list of prices shall be either in Devanagri form or in the international form of Indian numerals. Clause 4 of the order provides that no dealer shall - (a) sell to any person any article mentioned in the Schedules I and II at a price higher than that displayed in accordance with clause(3) ; (b) refuse to sell such articles to any person at a price so specified or marked ; (c) sell any article to any person without issuing a cash memo or a bill and without keeping a duplicate copy of such cash memo or bill as the case may be"
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