Jeebach Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5499 of 2023 ====================================================== Jeebach Mahto S/o- Thithar Mahto Resident of Village- Nagarbasti, P.S.- Warish Nagar (Mathurapur O.P), District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Samastipur. 2.

The Collector-Cum-District Magistrate, Samastipur. 3.

The Block Supply Officer, Warishnagar, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 17-05-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For issuance of direction upon respondent District Magistrate, Samastipur to appropriately modify the order dated 20.01.2023 passed in confiscation case no. 01/2017 to the extent that petitioner be held entitled to be paid, price of 538 Quintal Wheat and 1015.50 quintal rice at the market price on the day i.e 15.02.2017, it was sold by the SubDivisional Officer, Samastipur instead of the amount on which it was auction sold i.e. 23,05,000/.

(ii) For further to hold that case of the petitioner is squarely covered with the judgment/order passed by Division Bench of this Hon'ble Court in L.P.A no.

1037 of 2009 and the ratio laid down in that case is wholly applicable in case of the present petitioner.

(iii) For further direction upon

Patna High Court CWJC No.5499 of 2023(3) dt.17-05-2023 2/3 the respondent authorities to pay the difference of money which accrued on account of lesser amount i.e Rs. 23,05,000/ direction to be paid to the petitioner by the respondent District Magistrate instead of Rs. 35,16,225/ which was the value of the commodities seized (wheat and rice) on the date of sale i.e. 085.03.2017 sale made by the Sub- Divisional Officer, Samastipur.

(iv) For further direction upon the respondent authorities to pay interest over the dues amount at the market rate from the due date till date of actual payment.

(v) For any other relief/reliefs for which the petitioner is found entitled in the fact and circumstances of the case."

3. Certain quantity of wheat is stated to have been seized by the authority and during the pendency of confiscation proceedings the authorities have sold the wheat and realized the amount in auction. In the confiscation proceedings, the petitioner has been exonerated/acquitted. Therefore, he is entitled to value of the wheat and rice and it has been settled.

4. Now, question for consideration is whether he is entitled to interest or not? Section 6C of Essential Commodities Act, 1955 is relating to appeal. In terms of Section 6C(2), the petitioner is entitled to interest. Therefore, if an appeal is filed by the petitioner, the appellate authority is hereby directed to examine petitioner's appeal in the light of Section 6C(2) of Essential Commodities Act, 1955 within a reasonable period of

Patna High Court CWJC No.5499 of 2023(3) dt.17-05-2023 3/3 time from the date of receipt of petitioner's appeal. If any limitation issues arise while considering the appeal, the appellate authority is hereby directed to condone the delay in accordance with law before entertaining appeal. (P. B. Bajanthri, J) Vikash/- U