M/s. Bhojpur Galla Bhandar vs The State of Bihar and Others

Satyeshwar Roy and N.S. Rao, JJ.—Heard the Counsel for the parties. The only point urged by Mr. A.K. Sinha, on behalf of the petitioner is that since appeal lies to the State Government against the order of the Collector passed u/s 6-A of the Essential Commodities Act, that power could not have been delegated to the Secretary, Food, Supply and Commerce, Government of Bihar. It was submitted on behalf of the petitioner that a number of writ applications have been admitted on this ground. So far this Bench is concerned, writ applications were admitted on the ground that on similar question, writ applications were admitted at Patna. It now appears that initially writ applications which were admitted for hearing at Patna were filed by the aggrieved persons after their appeals had been dismissed by the Secretary, Food, Supply and Commerce, Government of Bihar, Patna and in those writ applications, besides others questions the jurisdiction of the Food Secretary as an appellate authority was also challenged. So far this Bench is concerned, this situation was never brought to its earlier. We find no reason why the State Government could not have notified that the appeals will be heard by the Secretary, Food.

We are not inclined to admit this writ application at this stage. The petitioner may move the appellate authority for appropriate relief. When we enquired from Mr. Sinha whether he will withdraw this application, he submitted that he has no instruction. The writ application is dismissed.