Madhya Pradesh High Court
M/S Shree Mata Hp Gas Gramin Vitarak vs State Of Mp. on 14 August, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 RP-677-2020
The High Court Of Madhya Pradesh
RP-677-2020
(M/S SHREE MATA HP GAS GRAMIN VITARAK Vs STATE OF MP. AND OTHERS)
Jabalpur, Dated : 14-08-2020
Heard through Video Conferencing.
Shri Anoop Nair, learned counsel for the petitioner.
Shri Piyush Jain, learned Panel Lawyer for the respondent/State.
Heard.
This review petition has been filed in respect of the order passed by this Court in W.P. No.8730/2020 on 09.07.2020 whereby the petition of the petitioner was dismissed on the ground of availability of the alternative remedy under Section 6 (c) of the Essential Commodities Act, 1955.
Learned counsel for the petitioner has submitted that in the aforesaid order this Court has observed that the impugned order dated 05.09.2019 has been passed under Section 6 (a) of the said Act, however, perusal of the impugned order reveals that it has been passed under Section 3/7 of the Essential Commodities Act, 1955 and as such the remedy of appeal under Section 6 (c) is not available to the petitioner.
Counsel has further submitted that the aforesaid error is apparent on the face of the record. He has further submitted that in the present case the dealership of the petitioner-proprietor firm has been cancelled and it is not a case of confiscation.
Learned counsel for the respondent/State has not disputed the aforesaid legal position.
In the circumstances, this Court is also of the opinion that the petitioner has made out a prima facie case to interfere in the order dated 09.07.2020 as the error appears to be passed oblivious of the provisions of Essential Commodities Act, 1955 and as such there appears to be an error on the face of the same.
As a result, this petition stands allowed and the order dated 09.07.2020 is hereby recalled and W.P. No.8730/2020 is hereby restored to its original 2 RP-677-2020 number.
In view of the aforesaid, the review petition stands disposed of. A copy of this order shall also be kept in W.P. No.8730/2020. Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE sjk Digitally signed by SHARAN JEET KAUR JASSAL Date: 2020.08.14 16:52:14 +05'30'