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1989 Supreme(Kar) 290

K.S.BHATT
MARIAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
D.R.RAJASHEKHARAPPA, M.P.ESVARAPPA

K. S. BHATT, J.

( 1 ) THE petitioner seeks the quashing of the order of the second respondent made on 28-10-1988, whereby the Deputy Commissioner directed the sale of the paddy and rice seized from the petitioner, as an interim measure. The petitioner further seeks a direction to the second respondent (Dy. Commissioner) not to proceed u/s. 6-A of the Essential Commodities Act (for short, 'the Act') in respect of the paddy and rice seized from the petitioner's premises. By amending the writ petition, one more prayer is sought, which is permitted. By this, the petitioner seeks quashing of the mahazar dated 27-10-1988 drawn by the third respondent, Tahsildar, whereby certain quantities of rice and paddy were seized from the petitioner's mill as per Annexure-K.

( 2 ) ACCORDING to the petitioner, he has been carrying on the rice mill business and has been hulling the paddy in his rice mill. Apart from this, he owns about 6 acres of irrigated land growing two crops of paddy in a year along with his brother, who is living jointly with the petitioner. The farm house-cum-residence of the petitioner and the rice mill are adjacent to each other and according to the petitioner he keeps the padd


























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