N.D. Ojha, J.
1. These two writ petitions challenge the validity of the U.P. Milk and Milk Products Control Order, 1974, petitioners 1 and 8 in writ petition No. 2285 of 1974 are Halwais who prepare Rubree, Khoa and Paneer from milk and use them in preparing sweets and sell these goods at their respective shops whereas petitioners 2 to 7 are manufacturers of Khoa from milk. The two petitioners in writ petition No. 2531 of 1974 carry on the business of manufacturing ghee and butter after extracting cream out of milk. All the petitioners of these two writ petitions carry on their respective trade in the district of Moradabad which is one of the districts to which the aforesaid order has been made applicable. A portion of the order which will be relevant for purposes of deciding the various points raised in the present writ petitions is reproduced below:
'In pursuance of the provisions of Clause (3) of Article 348 of the Constitution the Governor is pleased to order the publication of the following English translation of notification No. 1116-C (4)/ XII-CB-13-74, dated April 2, 1974,
WHEREAS THE State Government is of opinion that it is necessary and expedient so to do for maintaining the supplies of liquid milk and for securing its equitable distribution and availability in certain areas:
Now, THEREFORE, in exercise of the powers under Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955) real with Government of India, Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food) Order No. G.S.R. 1111, dated July 24, 1967, as amended by G.S.R. No. 284, dated February 9, 1968 and with the prior concurrence of the Central Government, the Governor is pleased to make the following order, namely;
U.P. MILK AM) MILK PRODUCTS CONTROL