MURLI MANOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India the prayer of the petitioner is for issuance of a writ of mandamus or any other appropriate writ/writs or direction/directions or order/ orders on the State of Bihar and other respondents restraining them from interfering with the removal of coal from the Gurpa Railway Station which he had purchased in an auction sale held on 27-6-1985 by the Eastern Railway. The further prayer of the petitioner is for quashing the order dated 4-2-1986 passed by the District Collector of Gaya in confiscation case No. 13 of 1985-1986 (Annexure-16).

(2.) The facts of the case in brief are that the petitioner purchased 504 Metric Tons of steam coal from the Eastern Railway at a totat cost of Rs.1,90,000/-in an auction sale held on 27-6-1985 and he was asked to remove the entire coal from the site by or before 18-7-1985 failing which the Railway administration would not be responsible for any loss. A sum of Rs. 95,000/- was paid by the petitioner on 27-6-1985 and the remaining amount was to be paid by 1-7-1985. On 4-7-1985 the petitioner lifted and removed 210 metric tons of coal to his coal godown in Paharpur, P. S. Fatehpur in the District of Gaya.,

(3.) In the night of 4-7-1985, the aforesaid place where the coal was stocked was raided by police and the entire stock was seized and the petitioner along with his brother was arrested on the accusation of having contravened the provision of Bihar Coal Control Order, 1956 and a first information report was also drawn on the written report of the Supply Inspector and a case under Section 7 of the Essential Commodities Act was registered (Annexure-7). After release on bail by order dated 26-7-1985 passed by this Court the petitioner went to lift the remainig quantity of the coal which was still lying at Gurpa Railway Station but he found some policemen there who did not allow him to lift the same. Thereafter an application under Articles 226 and 227 of the Constitution of India numburd as C. W. J. C. No. 3582/1985 was filed before this Court on 8-8-1985 which was permitted to be withdrawn on 2-9-1985 on the statement made by the petitioner that he would move the authorities for allowing him to remove the Goal. After withdrawal of the aforesaid writ application the petitioner filed a petition dated the 12th September, 1985 (Annexure-13) to the Collector, Gaya (Respondent No,2) with a prayer that the officer-in-charge of Fatehpur Police Station should be directed not to interefere with the petitioner's right to remove the coal from Gurpa Railway Station. On receipt of the petition, confiscation Case No. 13 of 1985-86 was initiated and a report was called for from the Sub-divisional Officer, Sadar Gaya. The Sub-divisional Officer, Sadar, Gaya (Respondent No. 3) submitted a report dated 24/27th December, 1985. On receipt of the report the petitioner was directed to get the coal weighed in presence of a Supply Inspector to be deputed by Respondent No. 3. By the aforesaid order Respondent No. 3 was further directed to ascertain if the coal could be sold to the consumers under his supervision. Thereafter the petitioner filed the persent writ application for the relief mentioned above.