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Patna High Court

Prahlad Manjhi @ Prahlad MaziversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court set aside the confiscation order dated 09.12.2022 for lack of notice and directed the issuance of a fresh show‑cause notice.

Summary

The petitioner, a fertilizer dealer, challenged the confiscation of 56 bags of fertilizer and a vehicle by the District Magistrate‑Cum‑Collector under Section 6A of the Essential Commodities Act, alleging that no show‑cause notice was served and thus his right to natural justice was violated. The High Court noted that the petitioner had not been given prior notice and that the respondents failed to produce proof of service of the notice as directed in an earlier order dated 22.09.2025. Consequently, the Court set aside the impugned confiscation order dated 09.12.2022 and remanded the matter to the District Magistrate‑Cum‑Collector to issue a fresh show‑cause notice containing the proposed action and any supporting report. The fresh notice must allow the petitioner ten days to explain, after which a reasoned order on merits must be passed, ensuring an opportunity of hearing. The Court emphasized that the exercise should be completed within eight weeks and that any order must be communicated to the petitioner. No merits of the confiscation were decided, and the writ petition was disposed of.

Issues considered

  • Whether the confiscation order passed without service of a show‑cause notice violates the principles of natural justice.
  • Whether the authority had jurisdiction under Section 6A of the Essential Commodities Act to confiscate fertilizer lawfully purchased by the petitioner.
  • Whether the order should be set aside and a fresh show‑cause notice issued to the petitioner.

Legislation cited

Subjects

  • Essential Commodities Act
  • Section 6A
  • confiscation
  • natural justice
  • show cause notice
  • certiorari
  • mandamus
  • fertilizer dealership
  • High Court writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4311 of 2025
                 ======================================================
                 Prahlad Manjhi @ Prahlad Mazi, S/o Sri Gopal Manjhi, Proprietor of M/s
                 Prahlad Krishi Kendra, Resident of Village- Vishay, P.S- Tarapur, District-
                 Munger

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Munger, District- Munger.
           2.    The District Magistrate-cum- Collector, Munger, District- Munger.
           3.    The District Treasury Officer, Munger, District- Munger.
           4.    The District Agriculture Officer, Munger, District- Munger.
           5.    The Block Agricultural Officer, Tarapur, District- Munger.
           6.    The Officer-in-Charge, Tarapur Police Station, Tarapur, District- Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Uday Pratap Singh
                 For the Respondent/s   :       Mr.Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

8   11-05-2026                 Heard learned counsel for the parties.

                               2. The present writ petition has been filed for the

                   following relief(s):-

                                            “A. Issue a writ in the nature of Certiorari,
                                            or any other appropriate writ, quashing
                                            the order dated 09.12.2022 passed by the
                                            District         Magistrate-cum-Collector,
                                            Munger, in Confiscation (Supply) Case No.
                                            14/2022-23, whereby and whereunder, the
                                            concerned respondent ordered the
                                            confiscation of 56 bags of fertilizer
                                            (comprising 43 bags of Urea, 10 bags of
                                            DAP, and 3 bags of MOP), a vehicle
                                            bearing registration number BR-10GB-
                                            5947, and additional fertilizer stored in the
                                            petitioner's godown, purportedly under
Patna High Court CWJC No.4311 of 2025(8) dt.11-05-2026
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                                   Section 6A of the Essential Commodities
                                   Act, 1955.
                                   B. Issue a writ in the nature of Mandamus,
                                   or any other appropriate writ, directing
                                   and commanding the respondents to:
                                   i. Declare that the respondent authorities
                                   have no authority to confiscate the
                                   fertilizer legally purchased by the
                                   petitioner and duly stored in the godown
                                   under lawful entitlement.
                                   ii. Refund the amount of INR 10,04,464/-
                                   (Rupees Ten Lakhs Four Thousand Four
                                   Hundred Sixty-Four Only), which was
                                   deposited in the State Treasury following
                                   the actions taken under Confiscation
                                   (Supply) Case No. 14/2022-23, which is
                                   the proceeds from the sale of fertilizer
                                   unlawfully seized from the Petitioner's
                                   vehicle (BR-10GB-5947) and godown,
                                   despite having been purchased by the
                                   Petitioner through a cash credit account
                                   (CC Account).
                                   iii. Allow the Petitioner to resume the
                                   dealership business of fertilizers in
                                   compliance with the Order dated
                                   01.11.2022, as per letter no. 1920 issued
                                   by Respondent No. 4.”

                           3. Learned counsel appearing on behalf of the

          petitioner submits that no prior notice was given to the

          petitioner before passing the impugned order dated 09.12.2022

          and therefore, the same is liable to be set aside on the ground of

          violation of the principles of natural justice and equity.

                           4. This Court, vide order dated 22.09.2025, has
Patna High Court CWJC No.4311 of 2025(8) dt.11-05-2026
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          directed the respondent-authorities to file proof as to whether

          the show cause notice dated 10.09.2022 (Annexure R/C) had

          been served on the petitioner or not. Accordingly, the

          respondents authorities were directed to file a supplementary

          counter affidavit bringing on record the proof of service of the

          show cause notice but the same has not been done till date.

                           5. Having regard to the same, the impugned order

          dated 09.12.2022 passed by the Respondent No. 2, i.e., the

          District Magistrate -Cum-Collector, Munger is set aside. The

          matter is remanded back to the District Magistrate-Cum-

          Collector, Munger (Respondent No. 2) for issuing a fresh show

          cause notice to the petitioner. The fresh show cause notice shall

          contain the proposed action to be taken against the petitioner

          and shall also enclose a copy of the report, if any, relied upon by

          the authority and call for his explanation by giving sufficient

          time, preferably ten days. On receipt of the explanation

          submitted by the petitioner, the authority shall pass a reasoned

          orders on merits duly taking into consideration the explanation

          submitted by the petitioner.

                      6. It is needless to mention that before passing any

          orders, the petitioner shall be given an opportunity of hearing.

          The entire exercise shall be completed as expeditiously as
             Patna High Court CWJC No.4311 of 2025(8) dt.11-05-2026
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                       possible preferably within a period of 8 weeks from the date of

                       receipt of a copy of this order. Any order passed shall be

                       communicated to the petitioner.

                                   7. It is made clear that this Court has not gone into the

                       merits of the case and leaving all questions and issues to be

                       decided by the authorities.

                                   8. With the above directions, the present writ petition

                       stands disposed of.



                                                                (A. Abhishek Reddy , J)
Bhardwaj/-

U


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