SAMBU TRADING CO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-3-5
HIGH COURT OF ANDHRA PRADESH
Decided on March 11,1971

SAMBU TRADING CO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) THIS is a revision petition filed against an order of confiscation of foodgrains under Section 6 (A) of the Essential Commodities Act 1955 in proceedings Rs. 4360/69, Section 2 dated 30-12-1969, of the District Revenue Officer and Collector and District Magistrate (in-charge) Guntur. It would appear that the said order of confiscation was confirmed by the Appellate Authority.
(2.) FOR the first time in revision. the learned Counsel has contended that. under Section 6 (A) of the Essential Commodities Act, 1955 the competent officer to confiscate is the Collector of the District after issuing a show cause notice under Section 6 (b) of the Act and hearing the affected party.
(3.) MY attention is invited to the show cause notices dated 12-10-1969 (4360/69 Section 2) and 21-11-1969 (RC S2-4360/69) issued to the party by the District Revenue Officer, Guntur. It would appear that the ultimate order of confiscation was passed by a different officer designated as the District Revenue Officer and Collector and District Magistrate-in-charge ). It has become therefore, necessary to verify if, in fact, the competent officer described under Sections 6 (A) and 6 (B) has acted. This requires verification of facts. Although this point is raised for the first time, as it involves the jurisdiction of the officer acting, I would remit the matter to the appellate authority for consideration of this question after verification of the factual data and then dispose of the matter according to law.;


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