JUDGMENT - B.N. DESHMUKH, J.:---This application raises a question of some interest under the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) read with the Maharashtra Scheduled Food Grains (Trade, Monopoly) Order, 1971 (hereinafter called the Order).

The facts are not in dispute. The petitioner is a proprietor of an eating house form Sangli named Avad Nivad Bhojnalaya". He has been doing this business of boarding house of the last about ten years. From the affidavits filed by him, the petitioner seems to be doing a fairly prosperous business. He has about 400 boarder staking food every day and the requirement of wheat for the purpose of chapatis is alleged to be about 18 of 20 bags bags per month.

Under the said order it was incumbent for every person in the State whether he is a private individual, businessman or a trader to file a return in relation to wheat as soon as that individual came in possession of more than ten quintals of wheat. The return was to be filed within 24 hours of the possession of more than ten quintals. Additionals returns were to be filed on the 1st of the next month in relation to the possession of the stock of wheat in the previous month, if it exceeded by ten quintals. Such an order was in force in relation to wheat from March 1973 to November 1974. In fact the order appears to have been renewed every six months and is discontinued or not renewed after 30th November, 1974.

During the time this Order was in force, the petitioner did file returns when it became necessary under the order in the year 1973. On June 10, 1973, the petitioner purchased 72 bags of wheat and stored them in the godown of Central Warehouse Corporation at Sanlgi. He also insured the goods with the Life Insurance Corporation of India. However, neither on the next day of the acquisition of this wheat nor on the subsequent date the filed any return as required by Clause 3 of the order.

Sometime in August 1974 the Manager of the petitioners business one Mr. Naik approached the authorities of the Warehousing Corporation to release a part of the wheat. He was told that the wheat could not released until a specific sanction has been obtained from the District Supply Officer. Having came to know for the first time that the wheat has been already subjected to some orders of the District Supply Officer the petitioner applied on August 26, 1974, for releasing his stock. He got no reply till September 21, 1972. Hence the filed another application on that day to the District Supply Officer for the release of stocks. On the same day he was called by that Officer and his statement was recorded. Thereafter a show cause notice was issued under section 6-A of the Act by the Collector dated September 27, 1974. This was obviously for the breach of Clause 3 of the Order. However, that was a notice addressed to the Manager and not to the petitioner who was the proprietor of the boarding house.

The Managers filed a reply in which he pleaded the illness of his son besides the forgetfulness on his part of file the return. No hearing was held by the Collector under section 6-B of the Act, but an order confiscating the entire stock was passed on October 10, 1974. An appeal was filed against that order, being Criminal Appeal No. 157 of 1974, in the Court of the Sessions Judge at Sangli. That appeal was heard by the Additional Sessions Judge who found that the principles of natural justice were not observed and a hearing was not given to the petitioner as contemplated by section 6-B of the Act. Hence the order of confiscation was set aside and the proceeding was remanded to the Collector for further disposal according to law.

For the first time after obtaining the copy of the Additional Sessions Judges judgment, the petitioner filed a special return under Clause 5 of the order and requested the Collector to issue instructions in that behalf. He again applied in the month of April 1975 for releasing the stocks on the g

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