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Kalloo Prasad Shiv Harey v. D.M. Banda & Others - WRIT - C No. 46955 of 2004  RD-AH 481 (22 February 2005)
WP No. 46955 of 2004
Hon'ble Yatindra Singh, J
Hon'ble RK Rashtogi, J
1. There was a raid in the petitioner's premises on 10.11.1998 in which his food grains were confiscated. Subsequently the District Magistrate by his order dated 14.1.1999 ordered for auction of the same. The petitioner filed an appeal which was dismissed on 11.3.1999. The petitioner challenged this order by means of writ petition no.1296 of 1999. This writ petition was disposed of with certain observation on 23.3.1999. Subsequently final report was submitted in the criminal case against the petitioner on 30.9.1999. This report was accepted by ACJM on 19.4.2000. Thereafter the petitioner filed an application on 15.11.2000 under section 6-A(3) of the Essential Commodities Act before respondent no.1 for refund of value of commodities. This application was allowed on 24.12.2003. But the petitioner has neither been given commodities nor have been given value of the same, hence the present writ petition.
2. We have heard counsel for the petitioner and standing counsel for respondents. This writ petition is essentially for the execution of order dated 24.12.2003.
3. In the circumstances of the case, the petitioner may file a representation before respondent no. 1. In case the representation is filed, it may be decided by respondent no.1 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self-addressed envelope along with his representation. Respondent no.1 after taking decision will communicate the same to the petitioner.
4. With these directions the writ petition is disposed of.
Dated: Feb. 22, 2005
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