A S PARAMESHWARAIAH Vs. STATE

JUDGEMENT

(1.) At the stage of preliminary hearing, the Government Pleader - Sri S. Udayashankar, was directed to take notice on behalf of the respondents and obtain the records and instructions. Accordingly, the learned Government Pleader has obtained the records and instructions.

(2.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the orders dated 18-1-1984 and 19-1-1984 (Annexures - C and D respectively) passed by the 2nd respondent.

(3.) On 15-1-1984, a lorry bearing Registra-tion No. MYH 6109 was intercepted by the Police of Channarayapatna Police Station near Thirumala Bar Cross, on B.M. Road. It was found that the lorry was carrying 55 bags of rice without a release certificate. The Sub-Inspector of Police, Channarayapatna, seized the commodity and the vehicle and produced the same before the 2nd respondent. On 16-1-1984, the petitioner filed a petition before the 2nd respondent stating that he was an agriculturist, and the rice in question belonged to him and it was obtained from the paddy he had grown in the land bearing Sy. Nos. 10/1, 10/2, 10/3 and 10/4 of Kongalabeedu village in Kasaba Hobli, Holenarasi pura taluk; and it was being transported to the market at Arsikere for sale through Ganesh Trading Company, Arsikere. The Dy. Commissioner, by the order dated 18-1-1984, without referring to the petition filed by the petitioner and without satisfying that there was a prima facie case for proceeding under S.6 A of the Essential Commodities Act, directed the rice to be taken towards levy and it be handed over to the District Manager, K. F. and C. S. C., Hassan. The lorry was ordered to be released by obtaining an indemnity bond and surety worth Rs. 1,50,000/-. On 19-1-1984, the order dated 18-1-1984 came to be modified and instead of taking the rice towards levy, it was ordered that the 55 bags of rice weighing 100 kgs. each seized by the Sub-Inspector on 15-1-1984 be taken for public distribution system. The District Manager, K. F. and C.S.C., Hassan was directed to take action immediately. The Tahsildar, Channarayapatna was ordered to distribute the rice through Fair price shops. Pursuant to that, it is submitted by the learned Government Pleader that the rice has already been distributed.