KESHO RAM KAILASH CHAND AND ANOTHER Vs. SUB DIVISIONAL MAGISTRATE AND OTHERS
LAWS(SC)-1982-1-44
SUPREME COURT OF INDIA
Decided on January 28,1982

Kesho Ram Kailash Chand And Another Appellant
VERSUS
Sub Divisional Magistrate And Others Respondents

JUDGEMENT

- (1.) We have heard Shri S.N. Kacker, learned counsel for the petitioners and Shri O.P. Rana, learned counsel for respondents Nos. 1, 2, 5 and 7 i.e. the City Magistrate, Muzaffarnagar, the Sub Divisional Officer, Tehsil Jansath, District Muzaffarnagar, the District Supply Officer Muzaffarnagar and the District Magistrate, Muzaffarnagar. After the petitions were heard for some time Shri Rana submitted that the order passed by the Sub Divisional Officer, respondent No. 2 suspending the licence issued by the Krishi Utpadan Samiti, Khatoli, Muzaffarnagar to each of the petitioners in this case would be withdrawn and fresh orders would be made, if necessary, in accordance with law. In view of the above submission it is not necessary to make any further order in regard to the said order of suspension issued in each of these cases. The Deputy Regional Food Controller, Meerut, who is the licencing authority under the U.P. Sugar and Gur Dealers Licencing Order, 1962 has passed the order dated January 4, 1982 suspending the licence issued to each of the petitioners under the said Order. It is open to the petitioners to apply to the licencing authority to revoke, cancel or modify the said suspension order. The licencing authority is bound to consider the application made for the above purpose by the petitioners. Hence no further order need be made with regard to the order of suspension made by the licensing authority under U.P. Sugar and Gur Dealers Licensing Order, 1962. We are informed by the learned counsel for the petitioners that certain account books and other documents of the petitioners have been seized under the provisions of the Essential Commodities Act and he prays that the authorities concerned may be directed to return the books of account and the documents after making copies thereof or taking extracts therefrom for the purposes of any inquiry, investigation or prosecution under that Act. It is open to the petitioners to apply to the authority who is in possession of the books of account and documents for the return of the account books and the documents and such application is made or has already been made, the authority concerned shall dispose of the application in accordance with law.
(2.) If the account books and the documents have been produced before a Judicial Magistrate having jurisdiction over the case, it is open to the petitioners to apply to such Judicial Magistrate for appropriate orders with regard to the return of the documents. The Magistrate concerned shall dispose of the application in accordance with law after hearing all the parties. In view of the foregoing reasons there is nothing more to be done in these cases. The petitions are disposed of.;


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