IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.W.J.C. No.1319 of 2010 SANTOSH KUMAR GUPTA, son of Dharmadeo Prasad Gupta, resident of Village Deviganj, P.S. Narpathganj, District Araria. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The Block Supply Officer, Triveniganj, Araria. 3. The Collector, Araria. ---Respondents ----------- 2. 9.3.2011 As prayed for, learned counsel for the petitioner is permitted to add the Collector, Araria as respondent no.3. Heard learned counsel for the petitioner and the State. The petitioner challenges the order dated 28th of January, 2011 (Annexure 3) passed by the Collector, Araria in Miscellaneous Case No.04/2010-2011 in confiscation proceeding under section 6(a) of the Essential Commodities Act, whereby the rice in question has been confiscated. It is submitted that thereafter an appeal against the said order has been filed in the court of the District Judge, Araria, vide Confiscation Appeal No.1 of 2011 on 24th of February, 2011. Learned counsel submits that in the interest of justice, confiscated rice may not be sold. Learned counsel for the State submits that since the petitioner had filed a statutory appeal before the District Judge, Araria, he ought to have exhausted all the available remedies in this regard before the appellate court. It is submitted that the petitioner proposes to file an application before the appellate court for stay of the sale of the rice - 2 - in question. Considering the submissions of the parties, the petitioner, if so advised, may file an application for stay of the sale of the confiscated rice. If the rice in question has not been sold till date, pursuant to the order, as contained in Annexure 3, then the same may not be sold for a period of two weeks from today. The petition so filed, if any, be considered by the appellate court in accordance with law without being prejudiced by the present order. The writ application stands disposed of. The order may be communicated to the Collector, Araria, in connection with Miscellaneous Case No.04/2010-2011 (Forbesganj P.S. Case No.300/2010) through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)