BALDOO BANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will also govern the disposal of Misc. Petitions Nos. 498 and 499, both of 1965.

(2.) THE three petitioners, who are agriculturists, challenge the validity of action taken by the Collector, Narsinghpur, in the exercise of his powers under Clause 8 of the Madhya Pradesh Wheat Stock Requisitioning Order, 1958, (hereinafter referred to as the Order), in seizing certain quantity of wheat from each of them. They pray that the seizure proceedings taken against them be quashed and that the opponents be restrained from faking any action against them under the Order.

(3.) THE matter arises thus. All the three petitioners are agriculturists engaged in the cultivation and production of wheat in Narsinghpur district. The Collector, narsinghpur, first made an order under Clause 3 of the Order calling upon each of the petitioners to declare the stock of wheat held by him on his own behalf or on behalf of others, in the form attached to the order under Clause 3 served on them. In compliance with the order served on him under Clause 3, the petitioner Baldoo (in M. P. No. 497 of 1965) declared that he had 28 quintals (that is 28 bags) of wheat in stock. The petitioner Mahendrapalsingh (in M. P. No. 498 of 196b) did not make any declaration of his stock as required of him. But according to him he had informed the Patwari in the second week of August 1965 that he had 79 quintals of wheat in stock In the return, it has been, however, stated that the information furnished by the Patwari disclosed that Mahendrapalsingh had 80 quintals of wheat with him. The third petitioner Chatarsingh (in M. P. No. 499 of 1965) declared that on 17th September 1965 he had 99 quintals of wheat with him. After this information about stocks was obtained by the Collector, he made orders on 25th september 1965 against each of the petitioners under Clause 5 of the Order requiring each one of them to sell the quantity of wheat stated in the respective orders to the Co-operative Marketing Society, Gotegaon. Baldoo was directed to sell ten quintals of wheat held by him to the Society Similarly. Mehendrapalsingh and Chatarsingh were directed to sell 40 quintals each to the Society. All the petitioners failed to comply with the orders dated the 25th September 1965 under clause 5 of the Order. Baldoo wrote on the order served on him under Clause 5 of the Order that he had utilised a substantial portion of the wheat stock for sowing and for paying wages to labourers and that whatever stock remained with him was just sufficient to meet his needs. Mahendrapalsingh sold only four quintals of wheat to the Cooperative Marketing Society. Gotegaon, after the receipt of the order, and wrote on the order that whatever wheat he had been utilised for sowing purposes; that the sowing operations were still, on; and that if any stock remained with him after operations were over and after payment of wages to the labourers, he would lender that to the Collector Chatarsingh also expressed his inability Lo sell 40 quintals of wheat to the Society. He expressed his willingness to sell 18 quintals, and said that he needed the remaining stocks of wheat for sowing purposes, for his own needs, and for payment of wages to the labourers. The collector was not satisfied with the explanations given by the petitioners with regard to their inability to sell to the Co-operative Marketing Society, Gotegaon, the quantities of wheat which they were required to under the orders dated the 25th September 1965 under Clause 5 of the Order served on them He therefore, directed the Tehsildar to enter upon and search the premises in occupation of the petitioners for the purpose of finding the stock of wheat with them. Accordingly the Tehsildar took a search of the petitioners' premises, and found that Baldoo had 80 quintals and 26 kilograms of wheat with him on 21st October 1965; mahendrapalsingh had, on 22nd October 1965, 62 quintals and 73 kilograms of wheat; and Chatarsingh had on 21st October 1905. 39 quintals and 90 kilograms of wheal, on the information which the petitioners had supplied earlier with regard to the stock of wheat with them and the quantity of wheat utilised according to them for sowing and other purposes, it was found that Baldoo made a false declaration when he staled on 5th September 1965 that he had only 28 quintals of wheat, that Mahendrapalsingh also made a false declaration that he had only 79 quintals of wheat, and according to the statements of stock of wheal and the wheal utilised made by him, he should have had with him on the dale of the search 55 quintals of wheat but actually 62 quintals and 73 kilograms of wheat was found with him and he could not account for the excess quantity of 7 quintals and 73 kilograms; that Chatarsingh should have had with him on the date of search 57 quintals of wheat but only 39 quintals and 90 kilograms of wheat was found with him, and he could not explain where nearly 18 quintals of wheat had disappeared The Collector has seized the quantity of wheat recovered from the possession of each of the petitioners during the course of search. The petitioner contend that the orders of the Collector under Clause 5 of the Order requiring them to sell certain quantities of wheat to the Co-operative Marketing Society, gotegaon, are all illegal and the seizure of wheat from them was forcible and illegal. They further say that they have been threatened with arrest and with penal proceedings for their failure to obey the orders made against them by the Collector under the Order