LAWS(ORI)-1996-7-32

CHABIDAS AGRAWAL Vs. SUB

Decided On July 09, 1996
Chabidas Agrawal Appellant
V/S
SUB Respondents

JUDGEMENT

(1.) Sole prayer of petitioner in this writ application is for a direction to the Sub-Collector, Nowrangpur (opposite party No. 1) to grant him an effective opportunity of being heard in the matter of confiscation of 160 quintals of back-gram which were seized on 25-1-1996.

(2.) In a nutshell, case of petitioner is as follows:

(3.) Mr. S. C. Lal, learned counsel for petitioner submitted that there was material before the Sub-Collector about the claim of petitioner and therefore, he was required to be noticed in terms of Sec. 6-B of the Act. A. Mohapatra, learned counsel for State on the other hand, submitted that sequence of circumstances highlighted by petitioner clearly shows that the plea is nothing but an afterthought and after order of confiscation had been passed, the Sub-Collector could not have modified/recalled his order in a proceeding under Sec. 6-A of the Act.