J.C.VERMA - (1.) All these writ petitions involve similar facts and law. The only point involved and as argued by the counsel for the petitioner is as to from which date the notification as published in the Government gazette in regard to Rajasthan Trade Articles (Licensing and Control) Order, 1980 (hereinafter called as the control order) is to be made effective. For the purpose of disposal of all these writ petitions, the facts are being taken from S.B. Civil Writ Petition No. 1264/97 Rae Barley Flour Mills Ltd. v. State of Rajasthan.
(2.) Counsel for the petitioner submits that unless the notification is published in the gazette and also released for the information of the public no penal consequences can flow against the citizen out of the notification prior to the date of release of such published notification for information of the public.
(3.) The petitioners are the traders engaged in the business of purchase and sale, storage for sale of wheat and its products. It is stated that in the month of Sept 1996 or thereafter, no license was required to be obtained for trading for wheat and wheat products under the Control Order. Wheat was not included in Part A of Schedule I appended to the control order, 1980 and as such no license was required to be obtained and, therefore, he had not applied for obtaining any such license even though after the publication of the notification, license had been obtained for selling or storing of wheat, rice and pulses, which license is valid upto 31-3-2016. The license was obtained in the month of Dec. 1996. Clause 26 of the control order authorises the State Government to add or omit from the Schedule any trade article by issuing notification in the official gazette. Dealer has also been defined under Clause 2(E), the control order of 1980 has been made by the State Government in exercise of the powers conferred by Section 3 of the Essential Commodities Act. The expression notified order has been defined under Section 2(c) of the Essential Commodities Act to be the order notified in the official gazette.;