PARAMHANS TRADERS Vs. COLLECTOR CUTTACK

JUDGEMENT

(1.) The question that arises for consideration in this writ application filed by a licencee under the Orissa Pulses, Edible Oil Seeds and Edible Oils Dealers (Licensing) Order, 1977 to carry on business at Bhasakosh Lane in the town of Cuttack but alleged to have been carrying on business in essential commodities in a premises located at Mal Godown, Cuttack, is if the direction given by the Collector under S. 6A(2) of the Essential Commodities Act, 1955, for disposal of the commodities seized pending finalisation of the confiscation proceeding is invalid being a colourable exercise of power and in violation of the principles of natural justice.

(2.) The commodities were seized on 27-2-87 on allegations that the petitioner was carrying on business by storing the commodities at a place other than the place mentioned in the licence.

(3.) By the impugned order dated 6-3-87 the Collector directed disposal of the commodities seized on the ground that the commodities were subject to speedy and natural decay and their disposal was expedient in public interest.