CHAMUNDI ROLLER FLOUR MILLS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the matter is listed for orders, by consent, the writ petition is heard on merits.

(2.) THE petitioner is a miller carrying on the business of production of maida, Sooji, Atta, etc. , since 1973. On 21-5-2004 the respondents 3 and 4 along with their officials intercepted the godown of the petitioner and seized the wheat available in the godown by drawing two mahazars. In addition to the seizure of wheat available in the godown, the wheat available in 7 lorries which were parked within the premises of the petitioner's mill was also seized. On 28-5-2004 a show-cause notice was issued to the petitioner calling upon him to show cause why the wheat seized by the respondents 3 and 4 under two mahazars dated 21-5-2004 should not be confiscated under the provisions of the Essential commodities Act, 1955. The petitioner sent a detail reply to the said show-cause notice. Thereafter, the petitioner filed a writ petition before this Court in W. P. No. 21840 of 2004 challenging the show-cause notices issued by the respondents on the ground that the respondents have no jurisdiction to initiate the proceedings under the Essential Commodities act. This Court allowed the writ petition and directed the Deputy commissioner, Bangalore, to consider the reply of the petitioner on merits within two days. In regard to the jurisdiction of the respondents in initiating the proceedings again an order was passed on 17-6-2004. The said order was called in question before this Court in the present w. P. No, 24688 of 2004. On 23rd June, 2004 this Court disposed of the writ petition directing the respondents to complete the investigation and the enquiry on or before 15th July, 2004 and thereby permitting the respondents to distribute the wheat contained in 7 lorries under Public distribution System subject to the respondents making good the value to the petitioner in the event of the petitioner succeeding in the case.

(3.) ON 2nd July, 2004, the Deputy Commissioner, Bangalore District, has passed an order by holding that the proceedings initiated under section 6-A of the Essential Commodities Act, 1955 by him as maintainable. The said order is produced as Annexure-L to the writ petition.