SRI RAMLAL AGARWALLA Vs. THE COLLECTOR

JUDGEMENT

(1.) THE Petitioner has asked for the following relief:

(2.) IT is stated that the Petitioner is a whole sale licence holder under the provisions of Orissa Pulses, Edible Oil Seeds, Edible Oils Dealers (Licensing) Order, 1977. He is allegedly carrying on business at Jagatpur in the district of Cuttack.

(3.) IT is placed on record that the Collector, Cuttack after hearing the Petitioner passed an order on 19 -4 -1997 vide Misc Case No. 4/96 confiscated the sale proceeds of the seized goods amounting to Rs. 5,12,85890 to the State. The actions of the Enforcement staff and the learned Collector, Cuttack are allegedly unjust, arbitrary and on wrong findings. The Petitioner, however, being aggrieved by the said order of the Collector, preferred an appeal before the State Government. The Secretary to Government of Orissa, Food and Supplies Department after going through the details of the case at length and finding that there was no stock discrepancy and the seized oil tins were under loading in the business premises of the Petitioner and there was no offence committed nor contravened the provisions of the Act and the order of the Government was pleased to set aside the order of the Collector with a direction to refund the entire sale proceeds to the Petitioner. Since the Collector has not complied with the orders of the Secretary, the Petitioner has come to this Court for necessary relief.