By these writ petitions filed under Articles 226 and 227 of Constitution of India, the respective petitioners are challenging the orders of confiscation under Section 6A of the Essential Commodities Act, 1955, (hereinafter referred to as 1955 Act) passed by Respondent No.1. The raid in which the illegal hoarding of rice/ Gram was discovered has been conducted by Respondent No.2 – Tahsildar, Warora, on 29.08.2009. The petitioners in Writ Petition No. 4259 of 2009 and 4362 of 2009 did not possess any licence according to the respondents while remaining four petitioners violated the terms and conditions thereof. The parties have treated Writ Petition No. 4259 of 2009, in which rice is involved, as lead petition.

2. I have heard Shri Mirza, learned counsel for the petitioners and S/Shri Khubalkar and Fulzele, learned Assistant Government Pleaders respectively for the respondents.

3. Shri Mirza, learned counsel for the petitioners has contended that the action under above mentioned 1955 Act is not legally sustainable as rice is not controlled commodity at all. He has invited attention to provisions of Maharashtra Scheduled Commodities Whole-Sale Dealers’ Licensing Order, 1998