1984 (2) TMI 366

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....pondents and obtain the records and instructions. Accordingly, the learned Government Pleader has obtained the records and instructions. 2. In this Petition under Articles 226 & 227 of the Constitution, the petitioner has sought for quashing the orders dated 18-1-84 and 19-1-84 (Annexures C & D respectively) passed by the 2nd respondent. 3. On 15-1-1984, a lorry bearing Registration No. MYH ....

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.... without referring to the petition filed by the petitioner and without satisfying that there was a prima facie case for proceeding under S. 6A of the Essential Commodities Act, directed the rice to be taken towards levy and it be handed over to the District Manager, K. F. & C. S. C., Hassan. The lorry was ordered to be released by obtaining an indemnity bond and surety worth Rs. 1,50,000/-. On 19-....

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....e is nothing to show that the.2nd respondent has applied his mind to the facts of the case. There is no notice so far issued to the petitioner under S. 6B of the Essential Commodities Act (hereinafter referred to as the 'Act'). 5. Of course, under sub-sec. (2) of S. 6A of the Act, if the Dy. Commissioner is satisfied that the essential commodity produced before him is subject to speedy ....

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.... of these two aspects is condition precedent for the exercise of his power to dispose of the essential commodity under sub-section (2) of S. 6A of the Act. The power given to the Dy. Commissioner under sub-section (2) of S. 6A of the Act is very wide. There is every possibility of this power being exercised arbitrarily, unless the aforesaid two aspects are satisfied. It must be apparent from the o....