52.25 per quintal.
Clause 2 of the order ran thus In the Rice Andhra Pradesh Price Control order, 1963, in Schedule I, for the varieties of rice and the maximum prices thereafter, the following shall be substituted namely Varieties or rice maximum price per quintal.
52.25 per quintal as fixed by the Rice Andhra Pradesh Price Control Third Amendment order, 1964 dated March 23, 1964.
As the representations made by them did number evoke a favourable response, they filed suits in the Court of the Subordinate Judge, Machilipatnam for recovery of the difference between the companytrolled prices specified in the Rice Andhra Pradesh Price Control order, 1963, dated December 19, 1963 and Rice Andhra Pradesh Price Control Third Amendment order, 1964.
The suits filed by them were decreed by that Court.
Ram Reddy and P. P. Rao, for the respondents.
805, 806 and 972 977 of 1973 From the judgment and decree dated the 8th June 1971 and 23rd November 1971 respectively of the High Court of Andhra Pradesh at Hyderabad in Appeal Suit Nos.
S. Nariman, J. V. K. Gurunathan, T. V. Narasimhan Murty and A. Subha Rao, for the appellants.
Aggrieved by these judgments and decrees the State of Andhra Pradesh preferred appeals to the High Court at Hyderabad which were allowed on the ground that is the supplies of rice were made by the appellants before the Rice Andhra Pradesh Price Control Third Amendment order, 1964, they were entitled only to the price specified in the Schedule to the Rice Andhra Pradesh Price Control order, 1963.
46.89 per quintal the rate specified in the Rice Andhra Pradesh Price Control order, 1963, dated December 19, 1963 or at the enhanced rate of Rs.
In companypliance with the requisitions served on them by the requisitioning authority of the State of Andhra Pradesh, the appellants sold various quantities of that variety of rice to the Government of that State from January 26, 1964, to February 21, 1964, and were paid at the aforesaid rate of Rs.
on March 23, 1964, the Central Government issued the Rice Andhra Pradesh Price Control Third Amendment order, 1964.
The Judgment of the Court was delivered by JASWANT SINGH, J. This batch of Appeals Nos.
766 of 1968, 18 of 1969, 779, 780, 782 to 785 of 1968, respectively.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
805, 806 and 972 to 977 of 1973 by certificate from the judgments and decrees of the High Court of Andhra Pradesh in Appeals Nos.
On July 31, 1959, the Governor of Andhra Pradesh in exercise of the powers companyferred on him by section 3 of the Essential Commodities Act, 1955 Central Act X of 1955 hereinafter referred to as the Act made an order called the Andhra Pradesh Rice Procurement Levy order, 1959 clause 3 of the order required every dealer and every miller to sell to the State Government on requisition served on him by the requisitioning authority at the companytrolled price a 40 percent of the quantity of rice held in stock by him at the companymencement of the order and b 40 percent of the total quantity of rice purchased by him every day beginning with the companymencement of the order.
On December 19, 1963, the Central Government in exercise of the power companyferred on it by section 3 of the Act made an order called the Rice Andhra Pradesh Price Control order, 1963, which extended to the districts of Krishna, West Godavari, East Godavari, Guntur, Nizamabad, Warangal and Nellore in the State of Andhra Pradesh.
Clause 2 of the order provided that the maximum prices at which the varieties of rice specified in companyumn 1 of the Schedule to that order were to be sold in wholesale quantities would be as specified in the companyresponding entries in companyumn 2 of the said Schedule.
766 of 1968, 18 of 1969, 779 of 1968, 780 of 1968, 782 of 1968, 783 of 1971, 784 of 1968 and 785 of 1968 raise a simple but an interesting question namely, whether for the supplies of rice made by the appellants in January and February, 1964, they are to be paid price according to the rate specified in the Rice Andhra Pradesh Price Control Third Amendment order, 1964 dated March 23, 1964 or according to the rate specified in the Rice Andhra Pradesh Price Control order as it stood in 1963.
Districts other than Nellore Akulu 52 25 On the issue of this order, the appellants made representations to the Government of Andhra Pradesh requesting that for the aforesaid supplies of Akkulu rice made by them from January 26 to February 21, 1964, they should also be paid at the enhanced price of Rs.
Dissatisfied with these judgments and decrees, the appellants applied for certificate under Article 133 1 a of the Constitution which was granted to them.
The question arises in the following circumstances The appellants are millers and carry on the business of paddy and rice in the State of Andhra Pradesh.
46.89 per quintal.
By means of the Rice Andhra Pradesh Price Control Second Amendment order, 1964, dated March 20, 1964, the Central Government amended sub clause 1 of clause 2 of the Rice Andhra Pradesh Price Control order, 1963 and ordained that in the said sub clause for the words the Schedule, the words and figures schedule I shall be substituted.
The said Schedule inter alia provided that Akkulu rice would be sold at Rs.
