RAM AWATAR AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this writ petition preferred under Article 226 of the Constitution the petitioner has prayed for issue of a writ of certiorari of quashing the order dated 11.3.98 vide Annexure P -1 and dated 12.12.97 vide Annexure P -4.

(2.) THE facts leading to the filing of this writ petition are that the petitioner is that proprietor of M/s Agrawal Trading Company, Raj -Mahal Parisar Jagdalpur. The said firm was engaged in carrying on the business of food -grains, sugar, pulses. edible -oil, edible -oil seeds etc. He was issued a licence, to carryon the aforesaid business, bearing No. 247/91 by Collector and Licensing Authority Bastar. Jagdalpur under the M.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 which was to remain valid till 31.12.2000. At the time of inspection the Assistant Food Officer and Food Inspectors Jagdalpur found certain deficiency in the available stock of goods in the shop. Certain goods were seized from the son of the petitioner who was present at the time of seizure. The Licensing Authority proceeded against him under section 6A of the Essential Commodities Act, 1955 and by order dated 30.9.97 passed in Case No. 34/C -149(2) 95 -96 directed the confiscation of the seized goods in favour of the State. He also directed forfeiture of the entire amount of security of Rs. 2,000/ - deposited towards licence fee.

(3.) CHALLENGING the orders passed vide Annexure P -1 and P -4 where the State Government has refused to entertain the appeal Mr. Satish Shrivastava, learned counsel for the petitioner, has contended that the appellate power still rests with the State Government and the amendment which has been brought by the Essential Commodities (Special Provisions) Ordinance, 1997 No. 21 of 1997 has not amended the section 6C of the Act. Mr. Thakur, Deputy Government Advocate referred to the amended section 12A (1) and 12AB to show that the order passed by the State Government is justified.