Law:

Section:

(a) West Pakistan Wheat, Wheat Atta, Maize, Rice and Sugar Distribution Order, 1967  Para. 4 read with para. 2(b) & (e) and para. 6-Clauses (b) and (e) of para. 2 of Order-Show specific mention made of authority intended to exercise powers of named authority where another authority in addition to named authority intended to be invested with powers of named authority-Failure to include Additional Deputy Commissioner or Additional District Magistrate in definition of District Magistrate in clause (e). para. 2 of Order-Significant-District Magistrate himself being empowered to grant authorisation under para. 4, he alone can pass order suspending or cancelling authorisation under para. 6. A scrutiny of the provisions of the Distribution Order shows that `District Magistrate' is defined in clause (e) of para. 2 of the Order to mean "the District Magistrate of the District concerned'". This definition is in sharp contrast with the definition of "Commissioner" given in clause (b) of para. 2, which has been defined to mean "the Commissioner of the Division concerned and includes the Additional Commissioner". This shows that where an authority in addition to the named authority may also exercise the powers: of the said named authority, mention of the said authority is made speci fically. In this context, the failure to include the Additional Deputy Commissioner or the Additional District Magistrate in the definition of "District Magistrate" is, therefore, significant. It is the District Magis trate who can pass an order suspending or cancelling an authorizarion under para. 6 of the Distribution Order. Obviously the person who can pass orders for cancellation or suspension under this para. must be the same person who is to grant the "authorization under para. 4 of the Order." This person, appears to be the District Magistrate of the District himself and no other person. [pp. 36, 37]A & B Shaheen Flour & General Mills v. The Province of West Pakistan Whir Petition No. 925 of 1967 ref. (b) West Pakistan Wheat, Wheat Atta, Maize, Rice and Sugar Distribution Order, 1967 --- Paras. Z, 4 & 6 -…