MAHENDRA KUMAR GOYAL Vs. EX. OFFICIO JOINT SECRETARY AND ADDL. COMMISSIONER OF CIVIL SUPPLIES, A.P. AND ANR.

JUDGEMENT

(1.) Whether Indian Limitation Act, 1963 (hereinafter referred to as the Limitation Act') is applicable only to the Courts and as to whether Sec. 5 of the said Act can be availed of for appeals filed under Sec. 6-C of the Essential Commodities Act, 1955 (hereinafter referred to as 'the E.C., 'Act') as also the Orders made thereunder - are the important points for consideration in this batch of writ petitions.

(2.) In all these cases, the proceedings under Sec. 6-A of E.C. Act were initiated after seizing the essential commodities on the ground of violation of the provisions of the Orders promulgated under Sec. 3 thereof and consequently violating Sec. 3 and attracting penal provisions for confiscation of the commodities. Sec. 6-A of E.C. Act contemplates initiation of proceedings and issuance of show-cause notice from -which stage the proceedings are started and after holding enquiry, orders are passed under Sec. 6-A of Act by the primary authority. In all these cases, the primary authority has passed orders against the petitioners holding that violations were committed and consequently confiscation was ordered. Statutory appeal is provided under Sec. 6-C of the E.C. Act to the State Government, within a period of one month from the date of communication of the said order. In all the cases, except in W.P. No. 13495 of 1993, appeal provision was invoked by the petitioners, but with delay, as the appeals were filed beyond the said period of one month. While some appeals were filed with delay contending that there was no delay on the ground of delay in communication of the order, in some cases delay condonation petitions were filed invoking Sec. 5 of Limitation Act. Holding that the appellate authority is not vested with the power of condoning delay and that Sec. 5 of Limitation Act is not applicable, the appeals were dismissed without entering into the merits. Hence, these writ petitions.

(3.) Mr. M.V. Durga Prasad, the learned Counsel appearing for some of the writ petitioners led the arguments and submitted that in view of Sec. 29(2) of Limitation Act, 1963 Sec. 5 thereof is applicable to the appeals filed under Sec. 6-C of E.C. Act, as also the appeals provided under the Orders promulgated in exercise of the power under Sec. 3 thereof. He relies upon the latest Judgment of the Supreme Court in Mukri Gopalan Vs. C. P. Aboobacker, AIR 1995 Supreme Court 2272 .