1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8047 OF 2009 M/s.Ashwini Traders Through its Proprietor Shrinivas S Zanwar : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8251 OF 2009 M/s.Ritaben Thakker Through its Proprietor Smt.Reitaben Thakker & ors. : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8252 OF 2009 Shri Ram Industries Through its Power of Attorney Holder Shri Uppal J Shah : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8253 OF 2009 M/s.Ritaben Thakker Through its Proprietor Smt.Ritaben Thakker : Petitioner versus The State of Maharashtra & ors. : Respondents. 2 Mr H N Thakore i/by Thakore Jariwala & Associates for the Petitioner Mr. A B Vagyani, AGP, for the Respondents. ALONG WITH WRIT PETITION NO. 8296 OF 2009 M/s.Prashant Trading Company : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8242 OF 2009 M/s.Vishal Metal Engineering Pvt. Ltd. : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8243 OF 2009 M/s.Anik Industries Ltd. : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8244 OF 2009 M/s.Sarthak Industries Ltd. : Petitioner versus The State of Maharashtra & ors. : Respondents. 3 ALONG WITH WRIT PETITION NO. 8245 OF 2009 M/s.Morabia Rasikkumar Shantilal : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8290 OF 2009 M/s.Vasa Brothers : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8293 OF 2009 M/s.Amit Sahita : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8294 OF 2009 M/s.Sanjay Raju Traders : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8295 OF 2009 M/s.Thakkar Dalpatram Devram : Petitioner versus The State of Maharashtra & ors. : Respondents. 4 ALONG WITH WRIT PETITION NO. 8297 OF 2009 M/s.Pinal Trading Company : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8298 OF 2009 M/s.Sandeep Traders : Petitioner versus The State of Maharashtra & ors. : Respondents. ALONG WITH WRIT PETITION NO. 8299 OF 2009 M/s.Anik Industries Ltd. : Petitioner versus The State of Maharashtra & ors. : Respondents. Ms.Rutuja Ambekar for the Petitioner Mr. C R Sonawane, AGP, for the Respondents. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 6th October 2009 P.C. 1. In view of the detailed order passed in Writ Petition No.7742 of 2009 and the group of matters, we allow the above Writ Petitions with the following directions :­ 5 (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 6­C of the Essential Commodities Act, 1955. All these Appeals shall be filed within a period of eight days and in any case, before 23 rd October 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 23 rd October 2009. It is not necessary for the District Judge to issue individual Notices to the Appellants. (iii) The ad­interim which has been passed by this Court staying the Government Resolution dated 28 th August, 2009 bringing the confiscated sugar in public distribution system is further extended till the disposal of the Appeals and two weeks thereafter in case the Appeals are decided against the Petitioners. 6 (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 twelves weeks. We direct the petitioners as well as 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 28 th Augusty, 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 7 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. 3. With the above directions, all the above Writ Petitions are disposed of. 4. Parties are directed to act on authenticated copy of this order. [R.M.SAVANT, J] [S.B.MHASE, J]