Bombay High Court
Sanjay Narayanrao Ghode And ... vs The Joint Registrar, Cooperative ... on 5 December, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.7660/2017
1. Sanjay Narayanrao Ghode,
aged about 46 Yrs., Santra Auction
Hall No.4, Shop No.6, Fruit Market,
Kalamna Market Yard, Nagpur - 440 035.
2. Girish Otanmal Chhabrani,
aged about Adult, Santra Auction
Hall No.4, Fruit Market,
Kalamna Market Yard, Nagpur - 440 035.
3. Sheikh Mukhtar Abdul Gaffoor,
aged about Adult, Santra Auction
Hall No.4, Fruit Market, Kalamna
Market Yard, Nagpur - 440 035.
4. Depur Nagur Naidu,
aged about 50 Yrs., Santra Auction
Hall No.4, Fruit Market,
Kalamna Market Yard, Nagpur - 440 035.
5. Harish Bhaktani,
aged about Adult, Santra Auction
Hall No.4, Fruit Market,
Kalamna Market Yard, Nagpur - 440 035. ..Petitioners.
..Vs..
1. The Joint Registrar,
Cooperative Societies, Nagpur.
2. Agricultural Produce Market Committee,
through Administrator, Nagpur. ..Respondents.
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Shri S.Zia. Qazi, Advocate for the petitioners.
Shri S.P. Deshpande, Adll. G.P. for respondent No.1.
Shri Uday Dastane, Advocate for respondent No.2.
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CORAM : Z.A. HAQ, J.
DATE : 5.12.2017.
ORAL JUDGMENT
1. Heard Shri S. Zia. Qazi, Advocate for the petitioners, Shri S.P.
Deshpande, Adll. G.P. for respondent No.1 and Shri Uday Dastane, Advocate
for respondent No.2.
2. Rule. Rule made returnable forthwith.
3. The grievance of the petitioners is that in the proceedings taken up
by the respondent No.1 - Joint Registrar, the petitioners raised preliminary
objection to the legality of the notice issued under Section 41A of the
Maharashtra Agricultural Produce Marketing (Development and Regulation)
Act, 1963 but without considering the objection raised by the petitioners, the
Joint Registrar has proceeded and has fixed the matter for filing of reply by the
petitioners.
4. After arguing for some time, the learned Addl. G.P., on instructions,
has accepted that the impugned order is cryptic and is not sustainable in law
and it is stated that the impugned order is being withdrawn.
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5. In view of the submission made on behalf of the respondent No.1 -
Joint Registrar, nothing survives to be adjudicated in the matter.
6. Hence, the following order:
(i) The impugned order stands withdrawn by the respondent No.1 -
Joint Registrar.
(ii) The respondent No.1 - Joint Registrar shall decide the preliminary
objection raised by the petitioners, after hearing the concerned parties.
(iii) The grievance of the petitioners that they are not supplied the copies
of certain documents referred in the show cause notice and in respect of which
the petitioners have made demand, is kept open for consideration in
appropriate proceedings at appropriate stage, if occasion arises.
The writ petition is allowed in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
