V.D. GYANI Vs. M.W. DEO

JUDGEMENT

(1.) BY this petition under Art. 226 and 227 of the Constitution the petitioner prays for quashing of orders Ann. 'C' and 'F' and to restrain the respondents from selling of seized commodities during the pendency of confiscation proceedings. It is the petitioner's case that an appeal has been preferred to the State wherein he prayed for interim stay which has been rejected by order dated 7.1. 93 (Ann. 'F'). The petitioner's apprehension is that the commodities seized are likely to be auctioned. It is evident from Ann. 'F' that the petitioner's application for stay has been rejected by the State -respondent on the ground that there is no such provision in the Essential Commodities Act. The petitioner has offered to furnish security. The goods are on Supurdgi of the petitioner.

(2.) HAVING heard learned counsel, the proposed sale of commodities as seized is stayed during the pendency of appeal, conditional upon the petitioner furnishing a solvent security in the sum of Rs. one lac to the satisfaction of the Collector, Dewas, district Dewas, respondent No.1, in respect of the seized goods. It is made clear that this stay order shall be operative during the pendency of appeal preferred by the petitioner under section 6 C' of the Essential Commodities Act pending before the State. It is expected of the State to dispose of the appeal expeditiously.