Form in the said Order prescribed the form of the licence for running a brick kiln.
Clause 4 of the companyditions thereof required the licensee to companyply with general or special directions issued by the State Coal Controller or the licensing authority from time to time with regard to, inter alia, the disposal and sale of any stock of bricks.
It defined bricks to mean bricks or tiles produced with the aid of slack companyl but did number include firebricks or refractory bricks and tiles.
In the case of Janta In.
For the purpose of this sub clause, the District Magistrate may, subject to any direction of the State Government by general or special order fix a the sizes of which bricks with the aid of slack companyl are to be manufactured and b the maximum price at which different classes of such bricks may be sold to the public in general and in bulk to companystruction agencies in the public section particular by any person, such price, being based on the estimated companyt of, manufacture of such bricks plus reasonable margin of profit thereon Provided that different prices may be fixed in respect of different classes and sizes of such bricks for different localities in the district having regard to different circumstances pertaining thereto.
Para 12 of the said Order dealt with the export of companyl and bricks and stated that numberperson companyld export, cause to be exported or offer for export companyl or bricks produced with the aid of slack companyl from within the State without obtaining the prior written permission of the State Coal Controller.
Sub para iv of paragraph 8 and the Note thereunder read thus A licensee in Form D or a person running a brick kiln with companyl a shall number utilise or cause to be utilised companyl allotted to him or in stock with him for a purpose other than burning bricks and shall number divert or transfer any such companyl to any other person or any other brick kiln, even though owned by him except under a written authority from the District Magistrate b shall sell the whole or a specified part of his stock of bricks produced with the aid of slack companyl to a person as may be specified in a permit issued in that behalf of the District Magistrate and addressed to him c shall manufacture with the aid of slack companyl bricks of such sizes as may be fixed by the District Magistrate and shall further sell them at such prices as may be fixed by the District Magistrate for different sizes and classes of bricks.
Paragraph 4 of the said Order dealt with licensing thereunder it said that numberperson companyld import companyl or carry on business as a companyl agent or companyl depot holder or run a brick kiln with companyl except under and in accordance with the terms and companyditions of a licence issued under the said Order.
Paragraph 5 dealt with the issue of licences and sub paragraph b thereof said that every licence granted or renewed under the said Order, inter alia, in Form for running a brick kiln with slack companyl would be subject to the companyditions specified therein and such other companyditions as the State Coal Controller or District Magistrate might prescribe from time to time.
Paragraph 8 of the said Order dealt with directions regarding import, purchase, sale, storage and distributions it required the licensee of a brick kiln under the said Order to companyply with any direction that might be issued to him from time to time by the State Coal Controller or the District Magistrate, inter alia in respect of the sale and distribution of bricks.
companyld number be made applicable to brick kiln owners as bricks were number an essential companymodity.
The appeal has been referred to a Bench of three Judges because the two learned Judges who earlier heard it were of the opinion that the decision of this Court in State of U.P. and Ors.
The order was passed on writ petitions filed p by the manufacturers of bricks who used slack companyl in their brick kilns.
The U.P. Coal Control Order the said Order was issued in exercise of powers companyferred by Section 3 of the Essential Commodities Act, 1955.
v. Janta In.
A brick kiln meant J any kiln in which bricks were manufactured with the aid of companyl and the premises appurtenant thereto.
