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2017 Supreme(Bom) 145

T.V.NALAWADE
Deepak S/o Kashinath Aher – Appellant
Versus
State of Maharashtra, through Collector, Parbhani – Respondent


Advocates Appeared:
For the Petitioner: Shri V.R. Dhorde.
For the Respondents: Smt. S.S. Raut and Shri A.P. Bhandari.

JUDGMENT :

T.V. NALAWADE, J.

1. Rule, rule made returnable forthwith. Heard both sides by consent for final disposal.

2. After advancing arguments on merits of the matter in length by the learned counsel for the petitioner, when this Court expressed that the Court will not be granting any relief to the petitioner, transporter but the Court is thinking to see that proper orders are made under the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as "the Act") and for that purpose, the decisions of the Collector and the Appellate Authority are corrected, learned counsel for the petitioner submitted that he would withdraw the proceeding. This Court can exercise powers not only under the provisions of Articles 226 and 227 of the Constitution of India but also under the provision of Section 482 of the Code of Criminal Procedure, 1973. In the present matter in view of the provisions of the Act and the Orders issued under the Act by the Central Government this Court is deciding the matter on merits and not allowing the petitioner to withdraw the proceeding.

3. The petitioner is a transporter and is owner of one truck-tanker bearing No. MH-18-AA-4548. The petitioner tr





































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