1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8120 OF 2009 M/s.Agarwal Sales Corporation ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.R.B.Raghuvanshi i/b.Ms.Rutuja Ambekar, Advocate, for the petitioner Mr.Vinay Masurkar,Government Pleader, for the State CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 1ST OCTOBER, 2009 P.C. . In view of the Order passed in Writ Petition No.7742 of 2009 dated 17th September, 2009, and companion matters the above Writ Petition is also disposed of with the following directions. (i) The petitioner in the above Writ Petition is hereby directed to present the respective Appeals before the concerned District Judge, challenging the Order of the respective Collector, 2 invoking provisions of Section 6- C of the Essential Commodities Act, 1955. The Appeal shall be filed within a period of fifteen days and in any case, before 16th October, 2009. (ii) On presentation of the said Appeal, the Government and the concerned Collector is directed to produce the record and proceedings of the petitioner's matter before the District Judge immediately. The State Authorities and the petitioner shall present himself before the District Judge on 16th October, 2009. It is not necessary for the District Judge to issue individual Notice to the appellant. (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 Appeal and two weeks thereafter in case the Appeal is decided against the petitioner. (iv) The concerned District Judge, before whom the Appeal will be presented by the State Authorities is further directed to take a decision as to whether he himself would be dealing with the matter and/or will be distributing the matter amongst 3 the rest of the Sessions Judges available at the District place and, accordingly, assign the matter. He shall effect the said assignment immediately after the receipt of the papers. (v) The Appeal is directed to be disposed of within a period of twelve weeks. We direct the petitioner as well as the respondent to co-operate with the District Judge for early disposal of the matter 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 petitioner during the pendency of the Appeal, the petitioner shall not be entitled to make any interim application to the District Judge for release of sugar during the pendency of the Appeal. (vii) In case the Appeal is allowed by the District Judge in favour of the petitioner, in order to enable the State Government to file appropriate proceedings challenging the said Order, the Order passed by the District Judge will be stayed for a period of two weeks. (viii) The petitioner concerned shall approach the Collector of the District seeking to take 4 measures for the purpose of protection of the sugar seized. If, during the pendency of the Appeal, the insurance which has been taken by the petitioner in respect of the said sugar comes to an end, the petitioner shall further insure the sugar by informing the concerned Collector. (ix) With the above directions, the above Writ Petition is disposed of. (x) Parties are directed to act upon an authenticated copy of this Order. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )