M.L.JOSHI, J. - (1.) IN all these sixty two writ petitions the petitioners who are traders challenge the order of the Collectors of the various Districts banning export of gram, gramdal, barley and barley ghat purporting to have been made in the exercise of powers under Clause 12(d) and (e) of the Rajasthan Food Grains Dealers Licensing Order 1964, hereinafter referred to as Licensing Order.
(2.) THE Collector of various Districts in exercise of their power under Clause 12 (d) and (e) of the Licensing Order prohibited the export of the food grains and further restricted their movement inside the State by the imugned orders. The short controversy involved in all these petitions is whether the Collector of the District is competent to put a ban on the movement and export of the food -grains under the Licensing Order. It is contended on behalf of the petitioners that the Central Government may by the order prohibit the export of any food -grain. This power can as well be delegated Under Section 5 of the Act. By G.S.R. 906 dated 9th Januarv, 1966, the Central Government had delegated this power to the State Government on certain conditions. One of the conditions relates to the regulation of transport of any food stuff under clause (d) or relating to the matter specified in Clause 3 (b) in relation to food grains The condition is that the State Government shall have to obtain a prior concurrence of the Central Government before dealing with the matter of transport of any food grains by any control order. But such a concurrence was never given by the Central Government before the passing of the impugned orders and therefore they are illegal and without jurisdiction.
(3.) ON the other side, learned Deputy Government Advocate Mr. M.D. Purohit endeavoured to justify the impugned orders. The learned Deputy Government Advocate's contention in that the impugned orders have been passed under Clause 12 (d) of the Licensing Order. It is said that the Licensing Order has been made by the State Government with the prior concurrence of the Central Government and subclauses (d) and (e)of Clause 12 of the Licensing Order are comprehensive enough to confer power on the Collcetors who are sub -delegatees of the State to put a ban on the export of food grains outside the State of Rajasthan. In this connection the learned Deputy Government Advocate has invited my attention to Government Notification dated 24th February, 1964 and clauses (d) and (e) of the Licensing Order. It would be proper to extract the Government Notification and the relevant clauses of the Licensing Order relied upon by the learned Deputy Government Advocate. The Notification reads as under: FOOD SUPPLIES DEPARTMENT NOTIFICATION Jaipur, Feb.24, 1964 No FI (3) Food/Suppl. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), read wnh notification of the Government of India in the Ministry of Food and Agriculture (Department of Food), published under G.S.R. 886. dated the 29th June, 1961 in the Gazette of India; Part II Section 3 Sub -section (1) dated 8th July, 1961 and with the prior concurrence of the Central Government, the State Government hereby makes the following Order, namely: Rajasthan Food Grains Dealers Licensing Order, 1964 Subclauses (d)& (e) of Clause 12 of the Licensing Order, read as under: (d) the disposal of all food grains or any of them purchased by him, and: (e) the disposal of all food grains or any of the stored by him. The learned Deputy Government Advocate's stress is on the word 'disposal' in clauses (d) and (e) and there by he wants to suggest that the word 'disposal' is of wider amplitude and embraces in its fold the matter relating to the movement of the grains outside Rajasthan. ;