CHENGALARAYAPPA KAVALI Vs. THE DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 16.07.2014 passed by the 1st respondent Deputy Commissioner, Kolar District, Kolar, in exercise of the powers traceable to the provision contained under Sections 3 & 5 of the Essential Commodities Act, 1955 (for short, 'the Act') and Clause 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short, 'Control Order').

(2.) The Deputy Commissioner has ordered for forfeiture of 900 bags (450 quintals) of rice and has directed that the same be utilized for the purpose of distributing them to the cardholders through fair price depots under the public distribution system. He has further directed release of lorries after collecting the value of the lorries as determined by the Regional Transport Officer, Kolar.

(3.) Case of the petitioners is, that 1st petitioner is the owner of lorries bearing registration Nos.AP-16-TV-6786 & AP-02-W- 6647 and 2nd petitioner is the owner of lorry bearing No.AP-26- X-3419. All the three lorries, it is asserted, have valid All India Permit for carrying goods. The national permits for public carrier possessed by the petitioners in respect of these lorries are produced at Annexures-B, C & D.