BALAI CHANDRA KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 227 of the Constitution of India filed at the instance of one Balai Chandra Kar, petitioner herein against the opposite party/State seeking to set aside the impugned order dated 7.7.94 passed by the learned Appellate Authority being Special Secretary, Food and Supplies Department, Government of West Bengal in Essential Commodities Confiscation Appeal No. 3 of 1993 (arising out of E.C. case No. 10/S-1988) thereby rejecting the Memo of Appeal filed on behalf of the petitioner challenging the order of confiscation dated 19.7.93 passed by the learned Sub-Divisional Officer, Midnapore (Sadar), South (Collector under the Essential Commodities Act) in E.C. case No. 10/S-1988. The short facts leading to the filing of this application are as under :-

(2.) Assailing an order of confiscation passed by the learned Sub-Divisional Officer, Midnapore (Sadar) South (Collector under the Essential Commodities Act) in E.C. case No. 10/S-1988 dated 19.7.93, whereby confiscation of seized stock of 460 litres of kerosene oil and 100 kilos of sugar and 325 kilos of rapeseed oil made, the petitioner filed one Memo of Appeal on 23.9.93 before the learned Special Secretary, Food and Supplies Department, Government of West Bengal, being the learned Appellate Authority under section 6C of the Essential Commodities Act, and the said appeal was registered as Essential Commodities Confiscation Appeal No. 3 of 1993 and the said appeal was taken up for hearing on 7.7.94 by the learned Appellate Authority.

(3.) During the hearing of the aforesaid appeal, it was held by the aforesaid Appellate Authority that the concerned appeal was out of time and since only a competent Court can allow an appeal as per section 5 of the Limitation Act, 1963, the State Government is not competent to do so and on that count it was held that the appeal was time barred and the same was rejected.