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Sri Sambu Trading Co. and ors. Vs. the State of Andhra Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1972CriLJ542
AppellantSri Sambu Trading Co. and ors.
RespondentThe State of Andhra Pradesh
Excerpt:
.....5 (3) requiring delivery of a copy of the challan for deposit of rent in office of controller or appellate authority, as the case may be, so as to enable controller or appellate authority to cause maintenance of proper accounts under sub-rule (5) and give notice of deposit to person amounts to wilful default in making valid payment or lawful tender of the rent by the tenant to the landlord. thus, where a tenant obtains an order to deposit rent, same shall be deposited at least by the last day of the month following that for which rent is payable and rent challan shall be delivered in the office of controller within a reasonable time so that rent controller can take necessary action for service of notice of deposit under sub-rule (4) of rule 5 of the rules within seven days of such..........commodities act 1955 in proceedings rs. 4360/69, section 2 dated 30-12-1969, of the district revenue officer and collector and district magistrate (in-charge) guntur. it would appear that the said order of confiscation was confirmed by the appellate authority.2. for the first time in revision. the learned counsel has contended that. under section 6a of the essential commodities act, 1955 the competent officer to confiscate is the collector of the district after issuing a show cause notice under section 6a of the act and hearing the affected party.3. my attention is invited to the show cause notices dated 12-10-1969 (4360/69 section 2) and 21-11-1969 (rc s2-4360/69) issued to the party by the district revenue officer, guntur. it would appear that the ultimate order of confiscation.....
Judgment:
ORDER

Narasimham, J.

1. This is a revision petition filed against an order of confiscation of foodgrains under Section 6A of the Essential Commodities Act 1955 in proceedings Rs. 4360/69, Section 2 dated 30-12-1969, of the District Revenue Officer and Collector and District Magistrate (in-charge) Guntur. It would appear that the said order of confiscation was confirmed by the Appellate Authority.

2. For the first time in revision. the learned Counsel has contended that. under Section 6A of the Essential Commodities Act, 1955 the competent officer to confiscate is the Collector of the District after issuing a show cause notice under Section 6A of the Act and hearing the affected party.

3. My attention is invited to the show cause notices dated 12-10-1969 (4360/69 Section 2) and 21-11-1969 (RC S2-4360/69) issued to the party by the District Revenue Officer, Guntur. It would appear that the ultimate order of confiscation was passed by a different officer designated as the District Revenue Officer and Collector and District Magistrate-in-charge). It has become therefore, necessary to verify if, in fact, the competent officer described under Sections 6A and 6B has acted. This requires verification of facts. Although this point is raised for the first time, as it involves the jurisdiction of the officer acting, I would remit the matter to the appellate authority for consideration of this question after verification of the factual data and then dispose of the matter according to law.

4. The appellate order is, therefore, set aside and the matter is remitted for disposal in the light of the directions.


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