Uday Sinha, J. -The petitioner by this application under Articles 226 and 227 of the Constitution of India has prayed for quashing a proceeding initiated by the Collector, Patna for confiscation of Urea seized by the District Agricultural Officer, Patna 1 (respondent no 13).

2. On 21. 1. 1989 the District Agricultural Officer, Patna came to the fertilizer shop of the petitioner and seized 250 bags of Urea. On the report of the aforesaid District Agricultural Officer a criminal case vide Naubatpur P.S. Case No. 18/89 was instituted on 21.1.1989 under section 7 of the Essential Commodities Act. The District Agricultural Officer also recommended that the seized Urea be confiscated and on the said recommendation, Collector, Patna initiated Confiscation Case No. 45 of 1988-89 and issued notice to the petitioner to show cause why the seized Urea be not confiscated. The petitioner was also called upon to show cause why sized Urea be not sold at the Government rate. That brought the petitioner rushing to this Court by the present writ application.

3. The point urged on behalf of the petitioner is that the District Agricultural Officer has no jurisdiction to seize Urea which is fertil