- (1.) The Court :-The present writ petition has been filed challenging an FIR lodged on 4th August, 2011 under Section 7(i)(a)(ii) of the Essential Commodities Act, 1955 read with Sections 406,407,411,413,414 of the Indian Penal Code. It appears that prior to the filing of the instant writ petition there has been writ petition concerning the seizure of foodgrains in which an order was passed on 8th September, 2011, by which the Competent Authority was directed to sent a report to the respondent No.6 with regard to the seized articles and the respondent No.6 was directed to take steps with regard to the above articles on the basis of such report in accordance with provision of sections 6A and 6B of the Essential Commodities Act, 1955 and to dispose of the proceedings by September 23, 2011.
(2.) In the present writ application, which is a sequel to the earlier writ petition, a prayer was made directing the respondents and each of them to allow the petitioners to function as MR Distributorship forthwith. On an earlier occasion, a prayer was made for release of the seized stock of wheat in favour of the petitioners, which has been the subject matter of consideration in the earlier writ petition and in that connection the earlier order was passed.
(3.) Mr.Saptansu Basu appearing on behalf of the petitioners submits that having regard to the fact that 30 days have passed within which the authorities have failed to take any step the suspension order cannot continue beyond the period of 30 days. It appears on an earlier occasion. Mr. Basu submitted that show cause notice was served on the petitioner on 7th August, 2011 and the respondent authorities have failed to pass any order in respect of the representation being made in answer to the said show-cause notice within a period of 30 days from the date of service of the show cause notice upon the petitioner.;