- (1.) Heard Sri Suresh Chandra Gupta, learned counsel for the petitioner and Sri N.C. Mehrotra, learned counsel for the respondents.
(2.) This petition has been filed praying inter alia the following reliefs: (a) issue a writ, order, direction in the nature of quashing the impugned order dated 07.12.2019 passed by opposite party no. 1 vide the revision no. 1063/2019 in the interest of justice contained in Annexure No. 1 (b) issue a writ, order, direction in the nature of certiorari quashing the impugned order dated 13.06.2019 passed by opposite party no. 2 and release the amount of Rs 4,71,227/- and direct the opposite parties to refund the money with interest @ 18% in the interest of justice contained in Annexure No. 9, 10 and 11. (c) issue a writ, order, direction in the nature of mandamus and commanding the opposite parties to pay Rs 60,000/- as demurrage and Rs 50,000/- as Advocate fees.
(3.) Briefly stated, the facts are these: On 29.05.2019 at about 07:00 p.m., the officials of Krishi Utpadan Mandi Samiti, Ghaziabad (for short the ''Mandi Samiti'), intercepted two trucks bearing registration nos. HR 69 D 2960 and HR 69 C 4239, at NHAI Galalpurwa Toll Plaza. Each truck was laden with 350 quintals of rice which was being transported by the petitioner from Bahraich to Delhi without valid papers as required under The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (for short 'the Adhiniyam'). The officials, after confiscating the vehicles and the rice under section 36 of the Adhiniyam prepared a seizure memo and made a report to the Chief Judicial Magistrate, Ghaziabad. Two criminal cases bearing Nos. 23518/2019 and 23519/2019 were instituted against the petitioner and the truck drivers namely Ravi Yadav and Jagtan Singh.;