: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7742 OF 2009 Anil Agencies. ... Petitioner Vs 1. State of Maharashtra & 2 ors. ... Respondents ALONGWITH WRIT PETITIONS NO.7597/2009, 7598/2009, 7599/2009, 7600/2009, 7601/2009, 7602/2009, 7707/2009 , 7708/2009, 7709/2009, 7710/2009, 7735/2009, 7736/2009, 7737/2009, 7739/2009, 7740/2009, 7741/2009, 7743/2009, 7744/2009, 7745/2009, 7812/2009, 7814/2009, 7815/2009, 7818/2009, 7819/2009, 7820/2009, 7822/2009, 7856/2009, 7857/2009, 7858/2009, 7859/2009, 8045/2009, 8046/2009, 8048/2009, 8049/2009, 8081/2009, 8082/2009, 8083/2009, 8086/2009, 8087/2009, 8088/2009, 8092/2009, 8093/2009, 8094/2009, 8096/2009, 8097/2009, 8098/2009, 8100/2009, 8108/2009, 8110/2009, 8112/2009, 8113/2009, 8114/2009, 8115/2009, 8121/2009, 8122/2009, 8123/2009, 8124/2009, 8125/2009, 8126/2009, 8127/2009, 7953/2009 AND WRIT PETITION NO. 7961/2009. Mr. H.N. Thakore i./b M/s. Thakore Jariwala & Associates for petitioners in WP Nos.7742/2009, 7707/2009, 7708/2009, 7709/2009, 7710/2009, 7735/2009, 7736/2009, 7737/2009, 7739/2009, 7740/2009, 7741/2009, 7743/2009, 7744/2009, 7745/2009, 7812/2009, 7814/2009, 7815/2009, 7818/2009, 7819/2009, 7820/2009, 7822/2009, 8045/2009, 8046/2009, 8048/2009, 8049/2009 and 8092/2009. Mr. Vivek Kantawala i/b M/s. Vivek Kantawala & Co. for the petitioners in WP Nos. 7597/2009, 7598/2009, 7599/2009, 7600/2009, 7601/2009, 7602/2009. Mr. Aspi Chinoy, senior counsel with Mr. Vineet Naik i/b Mr. Sukand Kulkarni for the petitioners in WP Nos. 7856/2009, 7857/2009, 7858/2009, 7859/2009. : 2 : Mr. Amit Borkar for petitioners in WP 7953/2009 and 7961/2009. Mr. R.B. Raghuvanshi with Ms. Rutuja Ambekar for the petitioners in WP Nos.8081/2009, 8082/2009, 8083/2009, 8086/2009, 8087/2009, 8088/2009. 8093/2009, 8094/2009, 8096/2009, 8097/2009, 8098/2009, 8100/2009, 8108/2009, 8110/2009, 8112/2009, 8113/2009, 8114/2009, 8115/2009, 8121/2009, 8122/2009, 8123/2009, 8124/2009, 8125/2009, 8126/2009, 8127/2009. Mr. Vinay Masurkar, GP with Mr. C.R. Sonawane, AGP, Mr. P.P. Kakade, AGP and Mr. S.N. Bhosle, AGP for the respondents. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 17TH SEPTEMBER, 2009. P.C.: 1. This is a group of Petitions wherein there is a seizure of sugar under section 6-A of the Essential Commodities Act, 1955, (hereinafter referred to as “the said Act”) by the concerned officer and further enquiry was conducted by the Collector of the respective District and Collector has passed an order of confiscation. The Appeal as against such orders, is provided under section 6-C of the Essential Commodities Act. However, it was brought to the notice of this court that the concerned judicial authority who can entertain and decide the Appeal has not been specified by the Government by issuing appropriate Notification and since they have found : 3 : that there is no forum to challenge the order passed by the Collector under section 6-A, they have approached this court. 2. In another group of Writ Petition viz. Writ Petition No.7446 of 2009 and others, we have taken cognizance of this aspect of the matter and by order dated 31st August, 2009, directed the State Government to issue appropriate Notification under section 6 of the said Act. In accordance with the said directions, the State Government has issued Notification dated 15th September, 2009 and have assigned powers to the judicial officers presiding over the court of Sessions in the State of Maharashtra to be the judicial authorities for the purposes of section 6-C of the said Act so far as the matters and orders are coming within their jurisdiction. Therefore, the authority and forum has now been provided by the State Government to entertain and dispose of the Appeals under section 6-C of the said Act. 3. After the orders of confiscation were passed by the Collector, the State Government has passed the Resolution dated 28th August, 2009, thereby giving directions to bring the confiscated sugar of the petitioners into the public distribution system . However, by an interim order of this court, the said orders of the State Government were stayed. Under these : 4 : circumstances, now it has become necessary for this court to direct the petitioners to file Appeals before the concerned judicial officers as designated by Notification dated 15th September, 2009. It is further necessary for this Court to protect the petitioners and, therefore, to extend the interim order which is already granted till the final disposal of the Appeals. We, therefore, issue the following directions: (i) All the petitioners in the above Petitions are hereby directed to present the respective Appeals before the concerned District Judge, challenging the order of the respective Collector, invoking provisions of section 6-C of the Essential Commodities Act, 1955. All these Appeals shall be filed within a period of eight days and in any case, before 30th September, 2009. (ii) On presentation of the said Appeals, the Government and the concerned Collector is directed to produce the record and proceedings of the petitioners’ matter before the District Judge immediately. The State authorities and the petitioners shall present themselves before the District Judge on 30th September, : 5 : 2009. It is not necessary for the District Judge to issue individual Notices to the appellants. (iii) The ad-interim order which has been passed by this court staying the Government Resolution dated 28th August, 2009, bringing the confiscated sugar in the public distribution system, is further extended till the disposal of the Appeals and two weeks thereafter incase the Appeals are decided against the petitioners. (iv) The concerned District Judge, before whom the Appeals will be presented by the State Authorities is further directed to take a decision as to whether he himself would be dealing with the matters and/or will be distributing the matters amongst the rest of the Sessions Judges available at the District place and, accordingly, assign the matters. He shall effect the said assignment immediately after the receipt of the papers. (v) All the Appeals are directed to be disposed of within a period of twelve weeks. We direct the petitioners as well as : 6 : the respondents to cooperate with the District Judge for early disposal of the matters and they shall, as far as possible, avoid taking adjournments in the matter. (vi) Since we have stayed the Government Resolution dated 28th August, 2009, referred to above and granted protection in favour of the petitioners during the pendency of the Appeals, none of the petitioners shall be entitled to make any interim application to the District Judge for release of sugar during the pendency of the Appeals. (vii) In case the Appeals are allowed by the District Judge in favour of the petitioners, in order to enable the State Government to file appropriate proceedings challenging the said orders, the orders passed by the District Judges will be stayed for a period of two weeks. (viii) The petitioners concerned shall approach the Collector of the District seeking to take measures for the purpose of protection of the sugar seized. If, during the pendency of the : 7 : Appeals, the insurance which has been taken by the petitioners in respect of the said sugar comes to an end, the petitioners shall further insure the sugar by informing the concerned Collector. 3. With the above directions, all the above Writ Petitions are disposed of. 4. Parties are directed to act on an authenticated copy of this order. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)