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Judgment
S.K. Mishra, J
This matter is taken up through hybrid mode.
Mr. Udgata, learned Counsel for the Petitioner files Additional Memo of Citation after handing over a copy of the same to Mr. Das, learned Standing Counsel for the Vigilance Department. The same is taken on record.
Heard learned Counsel for the parties.
Mr. S. Das, learned Standing Counsel for the Vigilance-Department, drawing attention of this Court to order dated 21.03.2023 passed by the co-ordinate Bench so also the notification dated 10.11.2000 filed along with memo dated 04.12.2023 as at Flag-B and other documents appended to the Counter Affidavit submits, the investigation was done by the Assistant Agriculture Officer in the concerned block in terms of the said notification. Hence, the initiation of the proceeding under section 6(A) of the Essential Commodities Act, 1955 being in accordance with law, the writ petition deserves to be dismissed.
In response to the said submission made by the Mr. Das, Mr. Udgata, learned Counsel for the Petitioner submits, he is yet to receive a copy of the said so called notification filed by the Vigilance Department. He further submits, as per the General Clauses Act, unless the notification is published in the Gazette, the same cannot be said to have come into effect and the State is yet to file the Gazette Notification to substantiate the argument advanced by the learned Counsel for the Department.
In response to the said submission made by the learned Counsel for the Petitioner, Mr. Das undertakes to serve copy of the memo dated 04.12.2023 along with the notification dated 10.11.2000 on the learned Counsel for the Petitioner by tomorrow (26.04.2024) and also prays for a short adjournment to file the Gazette Notification made pursuant to memo No.31482 dated 10.11.2000, vide which copy of the said notification was forwarded to Director of Printings Stationery and Publication, Government Press, Cuttack for publication, before the next date of hearing.
Matter be listed in the week commencing from 17th June, 2024.
Interim order passed earlier shall continue till the next date.
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