SUKHDEO MAHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner claims to be the owner of a public carrier vehicle, which was seized and in respect whereof a confiscation proceeding was initiated by the District Collector, Nawadah, in terms of Section 6(A) of the Essential Commodities Act. The Collector ultimately found violation of an order made under Essential Commodities Act and thus confiscation of the vehicle. Being aggrieved by the order of confiscation of the vehicle, petitioner filed an appeal before the Sessions Judge, Nawadah. Before the Sessions Judge, Nawadah, a preliminary objection was raised by the learned Special P.P. with regard to the maintainability. This objection having been sustained, the appeal was dismissed as not maintainable holding that a revision in terms of Clause 28 of the Bihar Trade Articles (Licences Unification) Order, 1984 lays to the Commissioner from an order of the Collector and as such the appeal was not maintainable before the Sessions Judge against the order of confiscation passed by the Collector of the district. It is this order (Annexure 8) i. e. in challenge.

(3.) AS this is a pure question of law and this Court does not intend to go into the merit of the matter, the matter is heard for final disposal at the stage of admission itself.