Dismissed

Cwstate of Rajasthan v. M/S. R.B. Investment Pvt. Ltd.

Rajasthan HC22 Jul 2019CW/4281/2019

Case brief

AI extract

What is this about?

The High Court held that a writ petition under Articles 226/227 is not maintainable against an order passed by the Sessions Court under Section 6C of the Essential Commodities Act, 1955. The petition was dismissed, noting the identical matter was previously rejected.

What did the court decide?

The writ petition and the Stay Petition were dismissed. The petitioners are free to take appropriate remedies available under the law.

Cwstate of Rajasthan Vs M/S. R.B. Investment Pvt… — Writ and Judicial Review | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 4281/2019

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State Of Rajasthan, Through The Secretary, Food And Civil Supplies Department, Govt. Of Rajasthan, Jaipur.

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The District Supply Officer, Bikaner.

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----Petitioners

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Versus

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M/s. R.b. Investment Pvt. Ltd., Through Authorized Signatory Pankaj Sharma S/o Ratan Lal Sharma, R/o Bikaner.

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----Respondent

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For Petitioner(s) : Mr. Dinesh Jain For Respondent(s) : -

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JUSTICE DINESH MEHTA

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Judgment

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22/07/2019

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The present writ petition under Article 227 of the Constitution of India has been filed against the order dated 04.01.2019, passed by the learned Sessions Judge, Bikaner in Criminal Appeal No.137/2016, arising out of the proceedings under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as “the Act of 1955”).

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In response to the Court’s query regarding maintainability of the writ petition under Article 226/227 of the Constitution, against the order passed by a Court of criminal jurisdiction, learned counsel for the petitioners submits that as the Act of 1955 bars jurisdiction of Courts against the order passed under Section 6C of the Act of 1955, the petitioners are justified in invoking

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(2 of 2)

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[CW-4281/2019]

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supervisory jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.

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In considered opinion of this Court against the order impugned, viz. 04.01.2019, passed by the learned Sessions Judge, Bikaner under Section 6C of the Essential Commodities Act, 1955, no writ petition under Article 226/227 of the Constitution of

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India is maintainable.

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That apart, in an identical matter (S.B. Civil Writ Petition No.11880/2017; State of Raj. & Anr. Vs. Shyam Lal), this has dismissed the writ petition, involving the identical question while observing as under:

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"The impugned order is challenged principally on the ground that the Sessions Court has no jurisdiction to entertain the appeal under Section 6C of the Essential Commodities Act. However, despite a pertinent query being raised by the Court in this behalf, Mr. L.R. Bishnoi, learned DyGC, was unable to apprise the Court of any notification issued by the State Government, whereby it can be constructed that the appeal under Section 6C of the Essential Commodities Act has to be registered as a civil appeal and can be entertained only by the District Judge concerned………..”

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The writ petition is accordingly dismissed. The Stay Petition No.4145/2019 also stands dismissed.

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Needless to observe that the petitioners shall be free to take appropriate remedy available under the law.

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(DINESH MEHTA),J

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17-Ramesh/-

Cwstate of Rajasthan v. M/S. R.B. Investment Pvt. Ltd.

Case brief

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Cwstate of Rajasthan v. M/S. R.B. Investment Pvt. Ltd.

Case brief

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