KRISHNA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for quashing the notice dated 21 -6 -1984 issued by Respondent No. 2 the Food Commissioner, Bihar, Patna arising out of an appeal No. 57/84 filed by the State of Bihar before the appellate authority in the following circumstances : -

(2.) It appears that the business premises of the petitioner in the name of "Manoj Kumar Satish Chandra" at Chas, in the District of Dhanbad was inspected on 27 -1 -84 by Shri K. P. Sharma, Executive Magistrate and during the course of inspection Chura, Gur and Tejpatta were seized and a report was submitted to the Deputy Commissioner as a result of which a confiscation proceeding No. 11/84 was started for contravention of Clause 3 of the Bihar Essential Articles (Display of Prices and Stock) Order, 1977 and which is punishable under Section 7 of the Essential Commodities Act. This confiscation proceeding was ultimately transferred to the Additional Collector who disposed of the confiscation proceeding holding that no contravention of the Food Control Order or any of the provisions has been made out and as such he dropped the proceedings by the order dated 30 -3 -1984.

(3.) It appears that after dropping of the aforesaid confiscation proceeding, the State Government has preferred an appeal before the appellate authority which was admitted as Appeal No. 57/84 and in consequence thereof a notice dated 21 -6 -1984 was issued which is being challenged in this case including the competency of preferring an appeal before the appellate authority by the State Government.