Hon'ble Rajesh Chandra,J.
Heard learned counsel for the petitioners and learned Government Counsel.
Submission is that in respect to a charge the order of sealing by the Sub- Divisional Magistrate is there who is not competent to pass the order in respect to the dairy business of the petitioners and in relation to the FIR, this court already granted stay to the petitoners on 28.5.2010 and thus irrespective of the merits or otherwise in the petitioners' submission, it is for the District Collector to pass appropriate final orders so that the petitioners may be able to pursue their remedy if that is required in the hierarchy.
The submission is that the District Magistrate who is seized of the matter cannot be permitted to sit tight over the situation so as to cause irreparable injury to the petitioners which they are suffering day-today.
On these facts as acceptance of the rejection of the submission on merits is to lead evidence this court may not go into the merits but at the same time we propose to dispose of the writ petition by giving the following directions:-
i) the petitioners will file certified copy of this order before the District Collector within a period of 10 days' from today.
ii) On receipt of the certified copy of this order along with detailed representation in respect to the grievance, it will be the concern of the District Collector to pass appropriate final orders on merits and in accordance with law within shortest time, preferably within a period of three weeks from the ate of receipt of the move.
It is made clear that the court has not expressed any opinion regarding the merits of the case and the District Collector has to exercise his own power on merits.
The writ petition stands disposed of accordingly.
Order Date :- 28.6.2010 SM