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1978 Supreme(Pat) 25

NAGENDRA PRASAD SINGH, SHIVANUGRAH NARAIN
Mewalal Kapildeo Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. This writ application has been filed on behalf of the petitioner-firm for quashing an order dated 3-5-1975 passed by the respondent-District Magistrate, Gopalganj in purported exercise of the powers conferred on him under S. 6A of the Essential Commodities Act, 1955 (hereinafter referred to as the Act). By that order the respondent-District Magistrate confiscated 189 tins of mustard oil weighing 16 kg. each and 60 tins of mustard oil weighing 4 kg. each, which were found in the premises of the petitioner firm, taking the view that the petitioner-firm had contravened the provisions of the Bihar Edible Oil Wholesale Dealers Licensing Order, 1966 (hereinafter referred to as the said Licensing Order). He also directed the Subdivisional Officer to dispose of the articles in question through public distribution system and to deposit the sale proceeds according to the Government instructions. A copy of that order is annexure-2 to the writ application. An appeal filed on behalf of the petitioner before the Commissioner was also dismissed affirming the finding of the respondent-District Magistrate. A copy of that order is annexure-1 to the writ applicati







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