City Bulk Carriers v. The Commissioner Civil Supplies Corporation & Others
2005-08-11
FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- (Appeal under Cl.15 of the Letters Patent against the order dated 30-6-2005 in WPMP No.20277 of 2005 in WP No.18732/05. Petition under Art.226 of the Constitution, praying for a Writ of Mandamus directing the respondents 1,2 and 3 to forthwith release the petitioner Truck (vehicle) bearing Regn. No.TN 04 D 4555 to the petitioner.) Markandey Katju, C.J. 1. This writ appeal has been filed against the interlocutory order dated 13-6-2005 passed by the learned single Judge by which the appellant's prayer for release of her vehicle was rejected on the ground that that would tantamount to grant of main relief itself. With consent of both parties, the main writ petition itself was directed to be tagged along with the writ appeal for final hearing. 2. Heard the learned counsel for both parties. 3. We see no reason to interfere with the impugned interlocutory order passed by the learned single Judge. However, in the facts and circumstances of the case, we direct that the confiscation proceedings under Sec.6A read with Sec.6B of the Essential Commodities Act be completed expeditiously, preferably within a period of three weeks from the date of production of copy of this order. If the authority concerned rejects the prayer of the appellant for release of the vehicle in question, the appellant has a remedy of appeal under Sec.6C of the Essential Commodities Act. Thus the appellant has in fact two alternative remedies under the statute itself. 4. The appeal is dismissed and the writ petition is disposed off with the above direction. Connected WAMP No.2475 of 2005 is closed.