Court No. - 2 Case :- WRIT - C No. - 956 of 2010 Petitioner :- Sipahi Lal & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- G.S. Bhatt,P.K. Bhatt Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard, learned counsel for the petitioner and the learned Standing Counsel.
By consent of the parties this writ petition is being disposed of without
calling for any counter affidavit.
By this petition, petitioner has prayed for quashing the order dated
14/12/2009 by which order the Additional District Magistrate (hereinafter
called the “ADM”) has confiscated the food grains and the tempo which were
seized in pursuance of the report of the District Supply Officer dated
24/10/2009. At the very outset learned counsel for the petitioner challenging
the order contended that notice dated 08/12/2009, was received under Section
6B of the Essential Commodities Act, 1955 for appearing on 25/12/2009 and
to show cause as to why 20 bags of wheat including the tempo be not
confiscated in favour of the State. Although, under Section 6C of the Act,
1955, there is a right of appeal against the said order, but the submission of
the learned counsel for the petitioner is that the order having been passed in
violation of principles of natural justice, the petitioner be not relegated to
appeal. He submits that the order has been passed before the date fixed for
appearance of the petitioner. Copy of the notice has been produced before us
which indicates that 25/12/2009 was the date fixed before the ADM. The
order has been passed on 14/12/2009 i.e. before the date fixed. More so, in the
impugned order no finding has been recorded as whether the notice under
Section 6B has been served or not and what is the date fixed when the ADM
himself has given notice which is a mandatory requirement under Section 6B
there was no occasion for passing any order before the date fixed. We, make
it clear that we are not entering into the merits of the case.
We, set-aside the order dated 14/12/2009 and remand the matter back to the
ADM, Varanasi to pass a fresh order in accordance with law. As jointly
agreed, petitioner may appear before the ADM, Varanasi on 02/2/2010 along
with the copy of this order and submit his reply which may be considered and
an appropriate decision may be taken by the ADM.
With the aforesaid observation writ petition stands disposed of.
Order Date :- 25.1.2010
SB