IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.134 OF 2010 NIRAJ KUMAR @ JHULAN KUMAR MAHTO, SON OF SRI KRISHNA KUMAR MAHTO, RESIDENT OF VILLAGE JAINAGAR, P.S. SONEBARSA, DISTRICT SITAMARHI…………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SITAMARHI 3. THE BLOCK AGRICULTURE OFFICER, SONEBARSA, DISTRICT SITAMARHI………………………………………….RESPONDENTS --- 2. 11.03.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. On 29.11.2009, a surprise inspection was made by the Block Agriculture Officer, Sonebarsa of godown in the house of one Ram Daresh Rai. It was informed that godown was being maintained by the petitioner, who is running a firm named as M/s Kiran Traders, and total 900 bags of fertilizer were found in the godown. When the father of the petitioner, who was present, was asked by the Block Agriculture Officer for papers, he could not show them. The fertilizer was, therefore, seized and the godown was sealed and Sonebarsa P.S. Case No.129 of 2009 was instituted. In paragraph 6 of the writ petition it is stated that the said firm, namely, M/s Kiran Traders is having licence for carrying - 2 - on business in fertilizer. A photo copy of the licence has been annexed as Annexure-2. Petitioner is said to be its proprietor. Learned senior counsel for the petitioner submits that only on account of non-production of the papers, fertilizer has been seized and the godown has been sealed. He submits that since the case was instituted under Section 7 of the Essential Commodities Act, a confiscation proceeding has started. He submits that the same has to reach its logical conclusion. However, as the proceeding is likely to take a long time and the seized fertilizer may deteriorate and loose its potentiality making it useless for use. Hence, it is submitted that fertilizer may be released to him on such terms and conditions as the confiscating authority may fix or it may be sold in the presence of a responsible officer of the Government so that adequate consideration may be collected and the same may be paid to the petitioner after furnishing sufficient security and bond. But he admits that no petition for the purpose has been filed by the petitioner before the - 3 - Confiscating Authority in the matter before this writ application was filed. In the circumstances, the petitioner is directed to file an application before the Collector, Sitamarhi in the confiscation proceeding for release of the fertilizer in his favour on such terms and conditions as he may fix. Alternatively, he may also pray for sale of the fertilizer in presence of his authorized representative and the sale proceeds may be made over to the petitioner on furnishing sufficient security and bond in the confiscation proceeding. In case such an application is filed by the petitioner within two weeks from today, the Collector, Sitamarhi will consider the same and pass orders either way within two weeks thereafter. It is made clear that the order passed by him in respect of the fertilizer and its release or sale shall be subject to the final outcome of the confiscation proceeding and the petitioner will not draw any advantage on account of the same in the proceeding. With the aforesaid observations and - 4 - directions, this writ application is disposed of. Let this order be sent to the office of the Collector, Sitamarhi through FAX at the cost of the petitioner. B.T (J. N. Singh, J.)