DAL GOVIND BHOKTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner challenges the order dated 22-4-1975 (Annexure 3) passed by the Sub-divisional Officer, Baghmara at Dhanbad (respondent No. 3) and the appellate order dated 16-5-1975 (Annexure 4) passed by the Additional District Magistrate (Supply), Dhanbad (respondent No. 2) under the provisions of the Bihar Foodgrains (Declaration of Stock by Cultivators and Requirement to Sell) Order, 1974 (briefly the 'Order') and has prayed for quashing of the same.

(2.) The District Supply Officer, Dhanbad, along with some other officers, under the orders of the Deputy Commissioner raided the premises of the petitioner, a cultivator, on 20-2-1975 and seized about 170 quintals of paddy. Out of that, 74 quintals 69 Kgs. and 500 grams were taken away by the raiding party and the balance was left with the petitioner on his security.

(3.) The case of the petitioner is that he and his son (respondent No. 5) are two independent 'cultivators' within the meaning of the Order. In other words, the son is also a cultivator of a separate holding recorded as such in his name in the Revenue records and he pays rent for his own holding, but lives with the petitioner. His further case is that respondent No. 6 is his widowed daughter and lives with him. As she has no independent source of income, she husks the paddy of others on commission basis. It is said that about 40 to 50 quintals of paddy "brought by respondent No. 6 for converting into rice was also, at the relevant time, lying in the house of the petitioner.