IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8117 of 2001 Ashok Kumar Das, son of Raghunath Prasad Das, resident of Village Semapur, P.S. Semapur (Barari), District- Katihar ----- ------ Petitioner. Versus 1. The State Of Bihar 2. The Collector, Katihar ----- ------ Respondents. ----------- 4. 29.7.2011 Heard Mr. Saket Tiwary for the petitioner, and Mr. Amish Kumar, learned Assistant Counsel to Standing Counsel No.4. This writ petition is directed against the order dated 22.1.2001 (Annexure-7), passed by the learned Collector of the District Katihar in Confiscation Case No. 548/2000-2001 ( State of Bihar vrs. Ashok Kumar Dash and others), whereby mustard oil and sugar belonging to the petitioner on 12.1.2001, has been upheld by the confiscation order, and impugned herein. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The petitioner was a licensee under Bihar Trade Article (Licences Unification), Order 1984, and was dealing in goods like mustard oil and sugar. There was search and seizure of his business premises on 12.1.2001, whereby quantities of mustard oil and sugar were seized on the ground that those were in store beyond the prescribed 2 quantity. Learned counsel for the petitioner has rightly relied on the order dated 24.6.1996 (Annexure-1), passed by a Division Bench of this Court in C.W.J.C. No. 1045 of 1987 (Shanker Kumar V. The State of Bihar & Ors.), wherein it has been held that the said Unification Order had remained un-workable, because no storage limit of edible oil and other goods controlled by the Order were prescribed regarding classification of cities was not notified. That was the position on 24.6.1996. However, it is stated in paragraph 5 of the writ petition that the position continued on 12.1.2001, the date of the seizure. It appears to us that the present case is also covered by the order of the Division Bench. It appears to us on a perusal of the impugned order that this aspect of the matter was not considered by the learned Collector. In the result, this writ petition is allowed, and the impugned order dated 22.1.2001 is set aside. Vinay/ ( S. K. Katriar,J. ) ( Vikash Jain, J.)