Vikas Traders v. State Of Chhattisgarh And ORS.

IN THE HIGH COURT OF JUDICATVRE AT BILASPSiR (C.G.l

r.P.No.:^.:..:.^............/2006 Vikas Traders Kamala Super Market Telghani Naka, Raipur Through Proprietor Anil Agrawal S/o Shri Sajan Agrawal Aged about 44 years R/o Devendra Nagar Raipur (C.G.) State of Chhattisgarh RESPONDENTS:

Through the Minister-in-Charge/ Principal Secretary Department of Food Ss Civil Supply and Consumer Protections D.K.S. Bhawan, Mantralaya Raipur (C.G.) .2, Director Food Civil Supply and Consumer Protection RaipurfC.G.) ^ ^>x^5.

Collector (Food Section) Raipur (C.G.) ^w 4.

Food Controller Raipur (C.G.) 5.

Shri Prakash Chand Chhabda y

S/o Late Ishwar Chand Chhabda R/o Shankar Nagar, Raipur (C.G.) ^6.

Shri Nirmal Singh Saluja S/o Shri Khel Singh Saluja R/o Devendra Nagar ""'

Raipur (C.G.) ;.., , 7.

Smt. Vimla Rani Chhabda '.

W/o Shri Prakash Chand Chhabda R/o Sharikar.Nagar, Raipur (C.G.) - 8.

Shri Premnath Arora S/o Shri Lubhaya Ram Arora R/o Fafadih, Raipur (C.G.) ,9.

Shri Anil Kumar Agrawal S/o Shri M.N. Agrawal R/o Devendra Nagar, Raipur (C.G.) ^ 10.

Shri Puran ir. ••h Arora S/o Shri Premnath Arora Fafadih, Raipur (C.G.) PETITION UNDER ARTICLE 226/227 OF THE CONST'TUTgON OF INDIA FOR ISSUANCE OF APPROPRIATE__WRn«_OF MANDAMUS' AND CERTLORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS:-

NAFR HIGH COURT OF CHHATTISGARH. BILASPUR WP No. 2679 of 2006 Vikas Traders -- Petitioner

Versus

State Of Chhattisgarh & Ors.

-- Respondent And WPNo.1157 Of 2006 Maruti Agro Product Pvt.Ltd.

-- Petitioner Vs State Of Chhattisgarh & Ors.

-r-Respondent For Petitioners Shri Jitendra Pali, Advocate For Respondent-State Shri R. K. Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Wlishra Order On Board 12/01/2017 1.

Petitioners would call in question the order passed by the State Government on 16.01.2006, communication dated 22.03.2006 by the State Government to the Collector,

Raipur and the subsequent memo issued by the Collector, Raipur on 06.05.2006 deputing Food Officers for conduct of auction to sell the seized wheat.

2.

In both the matters, the Food Inspector intercepted the respective vehicles and seized wheat weighed at quintals in the case of Vikas Traders and 2086 quintals in the case of M/s Maruti Agro Product Pvt. Ltd. The Collector (Food), Raipur thereafter passed an order on 29.10.2005 to release the vehicle and wheat from confiscation. As against this order of Collector, the Food Department preferred an appeal before the Secretary (Food), wherein an interim order was passed on 16.01.2006 staying the operation of the order passed by the Collector on 29.10.2005. 3.

The interim order passed by the State Government on 16.01.2006 has been stayed by this Court and since then the petitions are pending. Although challenge has been made to the jurisdiction of the State Government to entertain the appeal, yet considering the fact that these petitions are mainly against an interim order and it is pending since 2006, this Court deems it appropriate to dispose of the writ petitions with a direction to the State Govemment to decide the pending appeal, on its own merits, at the earliest. The petitioners may raise all contentions, both factual and legal, b^efore the State Government.

If the petitioners raise

::^» l^l preliminary objection about the maintainability of the appeal, the Appellate Authority shall decide the preliminary objection before deciding the appeal on merits.

4.

Till the matter is finally decided by the State Government, the interim order passed by this Court shall continue. 5.

The writ petitions stand disposed of.

w Prashant KumarMishra PR, Judge Nirala