S.K.MAL LODHA, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India, in which the petitioner has sought issuance of writ of mandamus, prohibition or any other appropriate writ, order or direction for quashing the letter/order (Anx. 4), Annexure 4, amongst others, contains wireless message from the Relief Commissioner, Rajasthan, Jaipur to all the Collectors, which is as under: In View Of Acute Fodder Scarcity In The State It Has Been Decided That Movement Of Fodder Including Corma And Gawar Churi May Not Be Allowed From Rajasthan To (Areas) Outside The State ( ) Please Ensure Compliance And Apprise Revenue Officers, Commercial Taxes Check Posts All Gram Panchayats With These Instructions(.)
(2.) THE petitioner is a licencee and deals in food grains at Jodhpur. The Rajasthan Cattle Fodder (Sale of Stock and Prohibition of Export) Order, 1979 (for short'the Order) was promulgated vide notification No. COM/ Fodder/Rajasthan, P.s (1) RC/Fodder/79 -80/2722 dated October 27, 1979 The Divisional Manager, Northern Railway (respondent No. 2) issued letter No. MT. 154T/132/11/183 (Anx. A) dated November 14, 1979. In this letter, the aforesaid wireless message was reproduced prohibiting the export of Gawar and Gawar Churi outside Rajasthan. The petitioner has stated that Anx. A has infringed his fundamental right to carry on the trade business and therefore, the letter/order (Anx. A) Is illegal, void and without jurisdiction. He has, therefore, prayed that Annesure A may be quashed. A show cause notice was issued on December 19, 1979. In pursuance of that, counter -affidavit of Shri S.C. Sethi Assistant Optg. Superintendent (M) Northern Railway along with Annexure Rl and R2, was filed. It was stated in the counter affidavit that, the letter/order (Anx Rl) was issued In accordance with the instructions of, the Secretary to the Relief Commissioner, Government of Rajasthan, Jaipur and that after the receipt of the order (Anx. R2) dated December 28, 1979, Anx. Rl was withdrawn to the extent of Gram Churi and Gram husk. It was further stated In the counter affidavit that ban on movement of Gawar Churi and other derivatives of Gawar has not been removed. It was also stated that it has been clarified that the derivatives of Gawar come under the definition of Gawar and that export of Gawar has been prohibited under the Order.
(3.) MR . D.S. Shishodia, Government Advocate also appeared to oppose the writ petition.;