Deepchand Karmani and Another vs The State of Bihar

Radha Mohan Prasad, J.—One of the questions raised by the learned counsel for the petitioners is as to whether the storage limit on wheat and rice under the Essential Commodities Act was abolished by a notification dated 27.1.1995. In this regard he referred to a decision of the learned Single Judge of this Court in the case of Smt. Kiran Bala Jain @ Smt. Kiran Bala vs. The State of Bihar, reported in 1996(1) PUR 730, and also two orders passed in different cases following the said decision. In the decision reported in 1996 (1) PLJR 730 I find that reliance upon a letter dated 27.1.1995 has been placed by the learned Single Judge to hold that there was no storage limit fixed for wheat and rice. I called for the record of the said case but the matter being old the entire record has been destroyed except the order sheet which was brought before me. I expressed my doubt about correctness of the said decision in the absence of reference of any notification published in the official gazette with respect to it and directed the learned counsel for the parties to produce the said letter dated 27.1.1995 referred to in the aforementioned decision reported in 1996(1) PLJR 730. Learned counsel for the parties have not been able to lay their hand on any such letter so far.

In the facts and circumstances, learned counsel for the petitioner submitted that this miscellaneous application may be permitted to be withdrawn with the liberty to raise said question and all other questions which are available in law at the appropriate stage in the court below. Learned counsel for the State has no objection in according permission to withdraw the miscellaneous application with the liberty aforementioned to the petitioner. This miscellaneous application is thus dismissed as withdrawn with the liberty aforementioned to the petitioner.