Law: West Pakistan Foodstuffs (Control) Act, (XX of 1958)

Section: S. 2 (c)

  West Pakistan Foodstuffs (Control) Act (XX of 195,8), S. 3(1) read with S. 2 (c)"Notified order"-Memorandum issued by Additional Secretary to Government without being "notified" in Gazette-Herd, invalid -Memorandum No. 1 (32) SOF-III59 dated 1-12-1959 re : rice.   West Pakistan Foodstuffs (Control) Act (XX of 1958), S. 3-West Pakistan Supplementary Paddy and Rice (Control) Order, 1958-Mere omission to mention purpose of Order not fatal to Order-Purpose assumed to be one of purposes mentioned in S. 3 of Act.   West Pakistan Foodstuff's (Control) Act (XX of 1958), S.3-WestPakistan Supplementary Paddy and Rice (Control) ,Order, 1958-Intention to export as much rice as possible from West Pakistan, resulting (possibly) in earning of foreign exchange Purpose of order not one of those mentioned in S. 3 of Act.     Writ-Prayer for grant of permits to export rice to other Districts-No application presented to authorities for grant-- Prayer premature-Constitution of Pakistan (1956), Art. 170 .   Writ-Petition challenging Rice Movement Restriction Order, 1958 in so far as itprohibited transport of rice from West Pakistan to East Pakistan-Order not mentioned in writ petition-- Relief refused-Constitution of Pakistan (1956), Art. 170.   Writ-Relief-Writ granted that a certain memorandum issued by Government shall not be acted upon-Constitution of Pakistan (1956), Art. 170.  JUDGMENT   SHABIR AHMAD, J.-By this petition Messrs Kalimullah & Co. of Muridke Mandi in the district of Sheikhupura pray for an appropriate writ so that the Provincial Government should enforce neither the Office Memorandum No. 1 (32) SOF-11/59 dated the lst of December 1959, issued by the Additional Secretary to Government of West Pakistan, Food Department, (to be referred to hereinafter, as the memorandum) nor the West Pakistan Supplementary Paddy and Rice (Control) Order, 1958 (to be referred to hereinafter as the Order) for requiring export of rice, and for a direction that permits should be issued to the petitioners, under clause (4) of the Order, for transport of rice to places in West Pakistan for sale in open market.…