- (1.) D. P S. Chauhan, J. By means of this application, the applicants have challenged the order passed by the Additional Collector (Supply) Varanasi dated 4-5 -1982 whereby he passed an order under Section 6-A (2) of the Essential Commodities Act for the sale of the seized goods which were perishable, during the pendency of the proceedings. Against this order a revision was filed before the District and Sessions Judge, Varanasi which was rejected on 29-5-1982 as being not maintainable. These two orders are subject- matter of challenge by means of the present application under Section 482, Cr. PC.
(2.) IN this case an interim order was granted on 8-6-1982 staying the sale of the seized properties, Le. Rice and Gram. The legal position as stands is that the order passed by the Additional Collector (Supply) is not an order under the provisions of Criminal Procedure Code and such an order is not revisable by the Sessions Judge. In such a position, the application under Section 482, Cr. P. C. would also be incompetent. It has been pointed out that this Court has decided the similar controversy and has taken a view that in sach matters the proceedings against the order of interim sale passed by the Additional Collector under Section 6-A (2) of the Essential Commodities Act would not be maintainable under Section 482, Cr. P. C. The proper forum is hold to be the jurisdiction of Article 226 of the Constitution of India.
(3.) THE petition is accordingly dismissed as being not maintainable. Interim order dated 8-6-1982 is vacated. Petition dismissed. .;