Bombay High Court
Atul Gangadharrao ... vs State Of Maharashtra, Through Its ... on 9 April, 2021
Bench: V.M. Deshpande
1 wp983.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.983/2021
Shri Atul Gangadharrao Ganyarpwar
Ex-Director and Ex Chairman, Agriculture
Produce Marketing Committee, Chamorshi,
r/o Near Ram Mandir, Chamorshi,
Dist. Gadchiroli-442 603. .....PETITIONER
...V E R S U S...
1. The State of Maharashtra through
its Secretary, Co-Operation, Marketing
and Textile Department, Madam Cama
Marg, Hutatma Rajguru Chowk,
Mantralaya, Mumbai - 400 032.
2. Director Marketing,
Maharashtra State, Pune, Gul Tekdi,
Pune-440 037.
3. District Deputy Registrar,
Cooperative Society, Gadchiroli.
4. Shri R. T. Agade, Assistant Registrar,
Cooperative Society, Mulchera,
Taluka Mulchera, Dist. Gadchiroli
and Administrator of Agriculture
Produce Market Committee,
Chamorshi, Mulchear,
Dist. Gadchiroli. ...RESPONDENTS
-------------------------------------------------------------------------------------------
Dr. Anjan De, Advocate for petitioner.
Mr. A. M. Kadukar, A.G.P. for respondent nos. 1 to 3.
Mr. R. J. Kankale, Advocate for respondent no.4.
-------------------------------------------------------------------------------------------
CORAM:- V. M. DESHPANDE, J.
DATED :- 09.04.2021.
::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 03:56:27 :::
2 wp983.21.odt
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for the parties.
2. Petitioner is represented by Dr. Anjan De, learned
counsel, respondent nos.1 to 3 are represented by Mr. Kadukar,
learned A.G.P. and respondent no.4 is represented by Mr.Kankale,
learned counsel.
3. By this writ petition, the petitioner is challenging the
order dated 19.10.2020 passed by the State of Maharashtra along
with order dated 08.02.2021 passed by District Deputy Registrar,
Cooperative Societies, Gadchiroli, appointing respondent no.4,
who is Assistant Registrar, Cooperative Societies, Mulchera, as an
Administrator of Agriculture Produce Market Committee,
Chamorshi (for short the 'APMC').
4. The petitioner took charge as Chairman of the APMC,
Chamorshi in view of election for the said AMPC held on
14.09.2015 and Directors, including petitioner, was appointed as
Chairman on 26.09.2015. The tenure of AMPC is of five years.
::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 03:56:27 :::
3 wp983.21.odt
Admittedly, tenure was to end on 25.09.2020. According to the
petitioner, in view of pandemic situation, State Government has
decided to extend tenure of APMCs. Therefore, a representation
was made on behalf of the petitioner for giving an extension. It is
the submission of learned counsel for petitioner that on
19.10.2020, the State refused to extend tenure while exercising
powers under Section 14 (3) of the Maharashtra Agricultural
Produce Marketing (Development and Regulation) Act, 1963 and
consequent to that, respondent no.3 passed an order on
08.02.2021 appointing respondent no.4 as an Administrator. He
submitted that there is no dispute that the Administrator has
already taken over the charge.
5. It is the submission of Dr. De, learned counsel for
petitioner, as stated in paragraph 9 of the petition, that in the
cases of several APMCs, such as Pathri, District Parbhani,
Sonepeth, District Parbhani and Parola, District Jalgaon, the State
Government has extended the tenure of the APMC while
exercising the powers. Dr. De further submitted that a bunch of
petitions was filed before Aurangabad Bench of this Court vide
Writ Petition No.5164/2020 and others and Division Bench
::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 03:56:27 :::
4 wp983.21.odt
(Coram: S.V.Gangapurwala and Shrikant D. Kulkarni, JJ.) decided
those petitions. In those writ petitions also, a contention was
raised by the petitioner that the State has adopted pick and choose
approach and granted extension to some of the APMCs and
denied the said though sought for by the petitioner herein. Dr.De,
submitted that the Division Bench allowed the writ petitions by
setting aside order of appointment of Administrator and directed
the State to take a decision afresh on the proposal of extension of
Board of Directors submitted by those petitioners.
6. Mr. Kadukar, learned A.G.P. tenders an original
communication received by him from Deputy Secretary,
Government of Maharashtra dated 08.04.2021, which is taken on
record and marked as 'Exh.-X' for the purpose of identification.
Mr. Kadukar, learned A.G.P., on instructions and on the basis of
communication (Exh.-X), submits that this writ petition can be
disposed of if the petitioner files fresh proposal for extension of
tenure of Board of Directors of APMC, Chamorshi and if such a
proposal is submitted, it will be considered in the light of the
judgment of the Division Bench.
::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 03:56:27 :::
5 wp983.21.odt
7. Dr. De, learned counsel for the petitioner, submitted
that he has instructions from the petitioner that the petitioner will
move a fresh proposal seeking extension of Board of Directors of
the APMC with the State Government within a period of 10 days
from today. He submits that on such a proposal being made, the
State shall be directed to decide it within a stipulated time.
8. In view of the aforesaid, the writ petition is disposed of
with following directions.
ORDER
(i) It shall be open for the petitioner herein to
file fresh proposal with the State Government seeking
extension of Board of Directors of APMC, Chamorshi
within a period of 10 days from today.
(ii) Order dated 19.10.2020 passed by State
Government and the order dated 08.02.2021 passed by
respondent no.3 is hereby quashed and set aside.
(iii) If a proposal is submitted within a period of
10 days from today, the State Government is directed to
decide the same, in accordance with law, within a period
of 10 days from its submission.
(iv) Till the proposal is decided afresh, respondent
no.4, who is a Government Officer, is permitted to look
after the day-to-day functioning of the APMC, Chamorshi
6 wp983.21.odt
as an interim measure. It is expected that he shall not
take any major decision.
(v) Mr. Kadukar, learned A.G.P. shall inform this
order to the State Government and Mr. Kankale, leaned
counsel shall inform this order to respondent no.4.
With these directions, the writ petition is
disposed of.
JUDGE
kahale
