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since 1985 practicing as advocate in both civil & criminal laws

Tuesday, May 14, 2013

Powers of District court to pass interim orders in appeal against confiscation orders of district collector in E.C. cases = E.C. Appellate authority has got power to dispose of the miscellaneous petition also = It is not in dispute that against the orders of confiscation passed by the District Collector, an appeal lies to the District and Sessions Judge, under Section 6C of the Act. When a petition is filed in the appeal, it is for the appellate authority to entertain the same and pass appropriate orders. Even in the absence of any specific provision for passing interim order, there is an ancillary and incidental power conferred on the appellate authority to entertain the Miscellaneous Petition and pass appropriate orders on merits.


THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

WRIT PETITION No.1517 OF 2013

ORDER:

This Writ Petition is filed questioning the order, dated 12.07.2012, in E.C.P.No.41/2012, passed by respondent No.2.

Based on a case filed by the Tahsildar, Veerullapadu, Krishna District, under Section 6A of the Essential Commodities Act, 1955 (for short, ‘the Act’), proceedings were initiated before the District Collector, Krishna District. 
On the allegation that the petitioners have contravened the provisions under certain Control Orders, stock of 230.35 quintals of PDS rice and the lorry transporting the same, were seized. 
The District Collector has passed final orders on 12.07.2012 in E.C.P.No.41/2012, in exercise of powers conferred under Section 6A of the Act, confiscating 50% value of the seized stock in favour of the Government and imposing penalty equivalent to 50% value of the seized stock on the owner of the lorry from the Bank Guarantee furnished by him. 
As against the same, E.C. Appeal No.189 of 2012, along with a Miscellaneous Petition, was preferred by the petitioners and two others before the District and Sessions Judge, Krishna District, Machilipatnam. 
As the appellate authority returned the Miscellaneous Petition filed by the petitioners, on the ground of maintainability, this Writ Petition is filed questioning the order of confiscation.

Learned counsel for the petitioners placed on record, the docket order, dated 29.10.2012, returning the Miscellaneous Petition filed by the petitioners in the appeal.

It is not in dispute that against the orders of confiscation passed by the District Collector, an appeal lies to the District and Sessions Judge, under Section 6C of the Act. When a petition is filed in the appeal, it is for the appellate authority to entertain the same and pass appropriate orders. 
Even in the absence of any specific provision for passing interim order, there is an ancillary and incidental power conferred on the appellate authority to entertain the Miscellaneous Petition and pass appropriate orders on merits. As it is not in dispute that the very impugned order is subject matter of appeal before the learned District and Sessions Judge, Krishna District at Machilipatnam, I do not find any reason to entertain this Writ Petition at this point of time.  

As it is stated that the Miscellaneous Petition is not being entertained by the appellate authority, I deem it appropriate to dispose of the Writ Petition directing the appellate authority to entertain the Miscellaneous Petition filed by the petitioners in
E.C. Appeal No.189 of 2012 and pass appropriate orders on merits, as expeditiously as possible.  It is also made clear that this Court has not expressed any opinion on the claim of the petitioners on merits and it is open to the appellate authority to decide the same independently and uninfluenced by any observations made in this Writ Petition.

Subject to the above, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.

__________________________

R. SUBHASH REDDY, J

25th February, 2013
                    
Note : 1. A copy of the order be marked to
              the learned District & Sessions Judge,
              Krishna District at Machilipatnam.

           2. Issue C.C. in one week.
                                                    B/o.MD/SSP

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

























WRIT PETITION No.1517 OF 2013
















25th February, 2013

MD/SSP

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