C.M.Lodha, J. - (1.) This order will dispose of a bunch of similar writs mentioned above, as the point involved in all these cases is the same. By these writ applications the petitioners have challenged the validity of Clause 4-A of Para. 3 of the Rajasthan Foodgrains (Prevention of Hoarding) Amendment Order, 1973 (which will hereinafter be referred to as 'the Amendment Order'). Clause 4-A reads as under; "4-A--Fixing Maximum limit of foodgrains in possession by a dealer:-- NO dealer shall have in his possession at any one time, all foodgrains taken together in quantity exceeding 150 quintals including the quantity of wheat as prescribed under the Rajasthan Wheat (Regulation of Trade) Order, 1973."
(2.) It may be pointed out that prior to the aforesaid amendment, the relevant provision was Para. 3 of the Rajasthan Foodgrains (Prevention of Hoarding) Order, 1973 (which will hereinafter be referred to as 'the Order'). Para. 3 reads as under: "3. Restriction on possession of food-grains exceeding the maximum fixed.--No person shall have in his possession at any one time, foodgrains- (a) if he is a producer of wheat, in quantity exceeding 20 quintals of wheat or in quantity exceeding 45 quintals of all foodgrains taken together; (b) if he is a dealer, wheat in quantity exceeding 50 quintals or in quantity exceeding 100 quintals of all foodgrains taken together; (c) in any other case, wheat in quantity exceeding 10 quintals or in quantity exceeding 25 quintals, of all foodgrains taken together; unless he has submitted a declaration of such stock in the manner and to the officer specified in Clause (4)."
(3.) The cases of the petitioners came under Para. 3 (c) of the Order as extracted above. There is no gainsaying the fact that under the said Order a dealer in grain was at liberty to have in his possession wheat in quantity exceeding 10 quintals or in quantity exceeding 25 quintals of all foodgrains taken together on submitting a declaration of his stock in the manner and to the officer specified in Clause (4).;