RAJENDRA G Vs. DEPUTY COMMISSIONER BELGAUM

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the constitution, the petitioner has sought for quashing the order dated 9.12.1983 passed by the first respondent in No. SB.COM.SR. 45/83 under Section 6A of the ESSENTIAL COMMODITIES ACT, 1955 (hereinafter referred to as the Act), confiscating the seized 45 barrels of groundnut oil and further directing the same to be sold in public auction and the sale proceeds to be credited to the Government.

(2.) The petitioner has made certain allegations against the first respondent and some officials in the office of the first respondent. Learned Government pleader Sri. Udayashankar submits that he may be granted time to file the statement of objections having regard to the allegations made by the petitioner. It appears to me that it is not necessary to go into those allegations having regard to the fact that this writ petition can be disposed of on a short ground.

(3.) It is not in dispute that there is an order passed under Section 6A of the Act, confiscating 45 barrels of seized ground nut oil. An order passed under Section 6A of the Act is appealable under Section 6C of the Act. An appeal lies on facts and law to the State Government. It is open to the petitioner to putforth in the appeal, all the contentions which have been raised in this writ petition. Therefore, it is not at all necessary to go into the contentions raised in this petition as there is a substantial remedy available to the petitioner by way of an appeal which he has not yet availed of.