JAGAT MATA RICE MILL AND ORS. Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2010-5-113
HIGH COURT OF CALCUTTA
Decided on May 07,2010

Jagat Mata Rice Mill And Ors. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

T. Sen, J. - (1.) In this Writ Petition, the Petitioners pray for an Order commanding upon the Respondents to withdraw Memos dated 18.7.2008 and 30.9.2008 as contained in Annexures P5 and P8 respectively. By reason of the Memo dated 18.7.2008, the Collector EC Act, Burdwan (Respondent No. 5) informed the Petitioner No. 2 that upon perusal of a Police Report as well as FIRcumSeizure list and also other documents, he was satisfied that the Petitioners had violated paragraphs 4(1) (a)/8(c) and 14 of the West Bengal Rice Mills and Wholesalers (Control and Levy) Order 2007 against which Khandogosh P.S. Case No. 03 of 2008 had been registered and therefore, a proceeding was drawn up against the said Petitioner No. 2 (being the owner of the Petitioner No. 1 Jagat Mata Rice Mill) and therefore, he was directed to show cause as to why the seized articles be not confiscated.
(2.) By reason of the other impugned Memo dated 30.9.2008 as contained in Annexure P8, a similar Notice asking the Petitioner to show cause by 13.10.2008 as to why the seized articles should not be confiscated was issued. The Petitioners have also prayed for quashing the aforementioned Khandagosh P.S. case No. 3 of 2008 dated 22.1.2008 and have also made a prayer for issuance of a Writ of Mandamus for return of the seized articles and Books of Accounts.
(3.) The short facts of this case are that the Petitioner No. 1 is said to be a Private Limited Company registered under the Companies Act 1956 and the Petitioner No. 2 is its Managing Director. The Petitioner No. 3 looks after the daytoday affairs of the business of the Petitioner No. 1. The said Rice Mill is situated in the District of Burdwan. The Rice Mill is a Small Scale Industry registered under the Directorate of Cottage and Small Scale Industries.;


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