TMI Blog1954 (3) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... on October 7, 1950, their stocks were frozen by the Deputy Commissioner, Civil Supplies, Jodhpur, through the Sub-Divisional Officer. It is not disputed that the market price then prevailing was about ₹ 18 per maund. The State, however, requisitioned the stocks at the rate of ₹ 9 per maund and sold them at ₹ 13-5-4 per maund. The respondents claimed that they had purchased the bajra at the prevailing market rate of ₹ 17 to ₹ 18 per maund. They filed a petition on January 23, 1951, for the issue of a writ under article 226 of the Constitution before the High Court of Rajasthan, contending that clause 25 of the Control Order was void under articles 14, 19(1)(g) and 31(2) of the Constitution. The High Court he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a is an essential commodity within the meaning of the Essential Supplies Act (No. XXIV of 1946). The question that arises for consideration is how far and in what respects clause 25 can be said to be void as violating Part III of the Constitution. The clause authorises the Commissioner and various other authorises mentioned therein and such other officers as may be authorised by the Commissioner to freeze any stock of foodgrains held by a person. It is true that the authority of the Commissioner to delegate his powers to any other officer at his discretion is expressed in somewhat wide terms but we need not decide that per se would be sufficient to invalidate the clause. Admittedly that power has not been exercised in the present case. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intended to achieve, namely, to secure the equitable distribution and availability at fair prices and to regulate transport, distribution, disposal and acquisition of an essential commodity such as foodgrains. We do not agree with the High Court that the first portion of clause 25 is void under article 19(1)(g). 5. The last portion of clause 25 to the effect that such stocks shall also be liable to be requisitioned or disposed of under orders of the said authority at the rate fixed for purposes of Government procurement , however stands on a different footing. The clause, as it is worded, leaves it entirely to the Government to requisition the stocks at any rate fixed by it and to dispose of such stocks at any rate in its discretion. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the same time the Government is free to sell the same stocks at a higher price and make a profit. It is obvious that the dealer whose stocks are thus freezed will stand to lose considerably and will be unable to carry on his trade or business at the prevailing market price. No dealer will be prepared to buy foodgrains at the market price when he knows that he is exposed to the risk of his stocks being freezed any moment and the same being requisitioned at the procurement rate. The present is a typical case which illustrates how the business of a grain dealer can be paralysed, for it is admitted that while the Government procurement rate was ₹ 9 a maund, the market rate was ₹ 17 or ₹ 18 per maund, with the result that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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