: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7446 OF 2009 M/s. Radhey Traders. ... Petitioner Vs 1. The State of Maharashtra & 3 ors. ... Respondents ALONGWITH WRIT PETITIONS NO.7452/2009, 7453/2009, 7454/2009, 7455/2009, 7456/2009, 7457/2009, 7458/2009, 7459/2009, 7460/2009, 7461/2009, 7462/009, 7463/2009, 7493/2009, 7663/2009, 7860/2009 7861/2009, 7862/2009, 7863/2009, 8085/2009, 8117/2009, 7523/2009, 7524/3009, 7525/2009, 7526/2009, 7527/2009, 7528/2009, 7529/2009 AND WRIT PETITION NO. 7530/2009. Mr. R.B. Raghuvanshi with Mrs. Rutuja Ambekar for the petitioners in WP Nos.7446/2009, 7861/2009, 7862/2009, 7863/2009, 8085/2009, 8117/2009. Mr. S.G. Aney, senior counsel, Mr. S.U. Kamdar, senior counsel with Mr. Vineet Naik i/b Smt. Deepa Ahuja for petitioners in WP Nos.7452/2009, 7453/2009, 7454/2009, 7455/2009, 7456/2009, 7457/2009, 7458/2009, 7459/2009, 7460/2009, 7461/2009, 7462/2009, 7463/2009, 7663/2009 and 7860/2009. Mr. Amit Borkar for petitioners in WP 7523/2009, 7524/2009, 7525/2009, 7526/2009, 7527/2009, 7528/2009, 7529/2009, 7530/2009. Mr. Prathamesh Bhargude for the petitioners in WP No.7493/2009. Mr. Vinay Masurkar, GP with Mr. C.R. Sonawane, AGP, Mr. P.P. Kakade, AGP and Mr. S.N. Bhosle, AGP for the respondents. : 2 : CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 17TH SEPTEMBER, 2009. P.C.: 1. All the above Petitions can be disposed of in view of the Notification issued by the Government of Maharashtra on 15th September, 2009, assigning 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 Essential Commodities Act, 1955 (hereinafter referred to as “the said Act”). The said power has been assigned to them in respect of the matters which are falling within their respective jurisdiction. 2. By the order dated 31st August, 2009, passed in Writ Petition No.7446 of 2009 and others, we directed the State Government to designate the Judicial Authority to decide the Appeals which are preferred against the orders passed by the Collector under section 6-A as provided in section 6-C of the said Act. The petitioners have approached this court because as the provisions existed prior to 1997, the powers to entertain and decide the : 3 : Appeals were with the State Government, but since 1997 onwards, the powers have been assigned to the Judicial Authority. The Government, for last several years, inadvertently and/or on a misconception of the provisions of law, has not designated any Judicial Authority to deal with Appeals under section 6-C of the Essential Commodities Act, but after having pointed out to the Government by way of the above referred order, the Government has fairly accepted it and has issued the Notification dated 15th September, 2009, designating the Sessions Judge in the respective Districts to entertain the Appeals under section 6-C of the said Act. Since all the above petitioners have presented Appeals before the State Government, which the State Government cannot entertain and decide in view of the provisions of section 6-C and the Notification issued on 15th September, 2009, it is necessary to transfer all the Appeals which have been filed before the State Government to the respective District Judge in whose jurisdiction the subject matter of Appeal or seizure falls and the order of the Collector has been passed. 3. During the pendency of these matters, we have stayed the Government Resolution dated 28th August, 2007, by which the confiscated sugar has been directed to be taken for being made available in the public : 4 : distribution system. The said protection which has been granted by this court requires to be continued till the disposal of the Appeals since the validity of the Government Resolution dated 28th August, 2009, cannot be considered by the District Judge. It is further necessary to protect the petitioners and the stock of the petitioners since it is a subject matter of the Appeal and the commodity covered by the Appeal must be protected till the disposal of the Appeal. What we find is that though sugar is a perishable commodity, it is not a commodity like milk or some other food product. Therefore, even if the sugar remains in stock, it will not affect the petitioners in any manner. Under these circumstances, we issue the following directions to the respondents and the concerned District Judges who are supposed to hear and dispose of the Appeals in accordance with law and as per our directions : (i) The order passed by the State Government on 28th August, 2009, by way of Government Resolution to put the confiscated sugar into public distribution system is hereby stayed till the final disposal of the Appeal and for a further period of two weeks thereafter in case the order is adverse to the petitioners. : 5 : (ii) The State Government is hereby directed to transfer the Appeals filed with the State Government under section 6-C of the Essential Commodities Act, 1955, to the concerned District Judge within a period of eight days and for the said purpose, the State Government may depute a special messenger so as to send it to the concerned District Judge instead of sending it by post. (iii) 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. (iv) All the Appeals are directed to be disposed of within a period of twelve weeks. We direct the petitioners as well as the respondents to cooperate with the District Judge for early : 6 : disposal of the matters and they shall, as far as possible, avoid taking adjournments in the matter. (v) The petitioners are directed to appear before the concerned District Judge after eight days i.e. on 30th September, 2009. It is not necessary for the District Judge to issue individual Notices to the appellants. We also direct the respondent-State and the concerned Collectors who have passed orders of confiscation, that they shall present the record and proceedings possessed by them to the District Judge along with the Appeals. (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 : 7 : 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 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. 4. With the above directions, all the above Writ Petitions are disposed of. 5. Parties are directed to act on an authenticated copy of this order. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)