Rajasthan High Court - Jodhpur
State Of Rajasthan And Anr vs Bhanavi Agro Pvt.Limited And Ors on 22 July, 2019
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11690/2017
1. State Of Rajasthan Through The Secretary, Food And Civil Supplies Department, Govt. Of Rajasthan, Jaipur.
2. The District Supply Officer, Udaipur.
----Petitioners Versus
1. Bhanavi Agro Pvt Limited, F-318, Industrial Area, Kaladwas, Udaipur Through Its Director Sh. Diwakar Agarwal.
2. R.P. Agarwal S/o Late Sh. Lala Baburam Agarwal, R/o 421, Panchratan Complex, Bedla Road, Udaipur.
3. Diwakar Agarwal S/o Shri R.P. Agarwal Director, Bhanavi Agro Prvt. Lt, R/o 421, Panchratan Complex, Bedla Road, Udaipur.
----Respondents
For Petitioner(s) : Mr. Dinesh Jain
For Respondent(s) : -
JUSTICE DINESH MEHTA
Judgment
22/07/2019
The present writ petition under Article 227 of the
Constitution of India has been filed against the order dated 13.08.2015, passed by the learned Sessions Judge, Udaipur in Criminal Appeal No.120/2014, arising out of the proceedings under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as "the Act of 1955").
In response to the Court's query regarding maintainability of the writ petition under Article 226/227 of the Constitution, against the order passed by a Court of criminal jurisdiction, learned (Downloaded on 01/09/2019 at 11:29:13 PM) (2 of 2) [CW-11690/2017] counsel for the petitioners submits that as the Act of 1955 bars jurisdiction of Courts against the order passed under Section 6C of the Act of 1955, the petitioners are justified in invoking supervisory jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.
In considered opinion of this Court against the order dated 13.08.2015, passed by the learned Sessions Judge, Udaipur under Section 6C of the Essential Commodities Act, 1955, no writ petition under Article 226/227 of the Constitution of India is maintainable.
That apart, in an identical matter (S.B. Civil Writ Petition No.11880/2017; State of Raj. & Anr. Vs. Shyam Lal), this has dismissed the writ petition, involving the identical question while observing as under:
"The impugned order is challenged principally on the ground that the Sessions Court has no jurisdiction to entertain the appeal under Section 6C of the Essential Commodities Act. However, despite a pertinent query being raised by the Court in this behalf, Mr. L.R. Bishnoi, learned DyGC, was unable to apprise the Court of any notification issued by the State Government, whereby it can be constructed that the appeal under Section 6C of the Essential Commodities Act has to be registered as a civil appeal and can be entertained only by the District Judge concerned..........."
The writ petition is accordingly dismissed. The Stay Petition No.10872/2017 also stands dismissed.
Needless to observe that the petitioners shall be free to take appropriate remedy available under the law.
(DINESH MEHTA),J 19-Ramesh/-
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