Judgment U.Sinha and S.C.Mookherji JJ. 1. Heard learned counsel for the petitioners. 2. The petitioners are aggrieved by issuance of Notification No.G. S. R. 42, dated 21-11-1987 issued by the State Government fixing storage limit of rice, wheat and pulses. 3. Learned counsel for the petitioners has urged that the notification is ultra vires of Bihar Essential Commodities Act inasmuch as prior con- currence of the Central Government had not been obtained by the State Government. This point had been agitated in C. W. J. C. No. 721 of 1989 (R) disposed of on 1-8-89 by S. K. Jha and N. S. Rao, JJ. That notification has. been struck down as it had not received the prior concurrence of the Central Government. 4. Mr. Kishore Kumar Thakur, Junior Counsel to S. C. II, states that the notification remains today as it was as ordered in C. W. J. C. No. 721 of 1989 (R). That being so, the notification was rightly quashed. The notification having already been quashed by a Bench of this Court, the Supply authorities cannot insist on compliance with the notification until it is notified in accordance with law. 5. The application is allowed accordingly.