Bombay High Court
Agriculture Produce Marketing ... vs State Of Maha., Thr. Secretary, ... on 21 January, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
Judgment 1 W.P.No.319.2022+3.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 319 OF 2022
Agriculture Produce Marketing Committee,
Chamorshi, Through its Chairman,
Shri Atul Gangadharrao Ganyarpawar,
Aged Major, R/o. Near Ram Mandir,
Chamorshi, District Gadchiroli-442603. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
through its Secretary,
Co-operation, Marketing and
Textile Department,
Madam Cama Marg,
HutatmaRajguru Chowk,
Mantralaya,Mumbai-400032.
2) Director Marketing,
Maharashtra State Pune,
Gul Tekddi, Pune-440037.
3) District Deputy Registrar,
Cooperative Society, Gadchiroli,
4) State Cooperative Election Authority,
Maharashtra State having office at
Old Central Building Ground Floor,
Pune-411003. .... RESPONDENTS
AND
WRIT PETITION NO. 324 OF 2022
Sheshrao Mahadevrao Pahurkar,
Aged 55 years, Occ : Chairman
APMC, Shegaon, R/o. Sawarna,
Tah. Shegaon, District Buldhana. .... PETITIONER
// VERSUS //
Judgment 2 W.P.No.319.2022+3.odt
1) The State of Maharashtra,
through its Secretary,
Department of Co-operation,
Marketing and Textile,
Mantralaya, Mumbai-400032.
2) The Director of Marketing,
Maharashtra State Pune,
3) The District Deputy Registrar,
Cooperative Societies, Buldhana. .... RESPONDENTS
AND
WRIT PETITION NO. 325 OF 2022
Agriculture Produce Market Committee,
Samudrapur, through its Chairman,
Shri Himmat Shamraoji Chatur,
Aged Major, R/o. Ajda,
Taluka Samudrapur. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
through its Secretary,
Co-operation, Marketing and
Textile Department,
Madam Cama Marg,
Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400032.
2) Director Marketing,
Maharashtra State Pune,
Gul Tekddi, Pune-440037.
3) District Deputy Registrar,
Cooperative Society, Gadchiroli,
4) State Cooperative Election Authority,
Maharashtra State, having office at
Old Central Building Ground Floor,
Pune-411003. .... RESPONDENTS
AND
Judgment 3 W.P.No.319.2022+3.odt
WRIT PETITION NO. 326 OF 2022
Agriculture Produce Market Committee,
Hinganghat, through its Chairman,
Shri Sudhir Daulatchand Kothari,
Aged Major, R/o. APMC, Hinganghat,
Dist. Wardha. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
through its Secretary,
Co-operation, Marketing and
Textile Department,
Madam Cama Marg,
Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400032.
2) Director Marketing,
Maharashtra State Pune,
Gul Tekddi, Pune-440037.
3) District Deputy Registrar,
Cooperative Society, Gadchiroli,
4) State Cooperative Election Authority,
Maharashtra State, having office at
Old Central Building Ground Floor,
Pune-411003. .... RESPONDENTS
______________________________________________________________
Dr. Shri Anjan De, Advocate for the petitioners in Writ Petition
Nos.319/2022, 325/2022 and 326/2022.
Shri P. S. Kshirsagar, Advocate for the petitioner in Writ Petition
No.324/2022.
Smt. K. S. Joshi, Government Pleader for respondent Nos.1 to 3
in Writ Petitions Nos.319/2022, 324/2022, 325/2022 and
326/2022.
Shri Shantanu Ghate, Advocate for respondent No.4 in Writ
Petition Nos.319/2022, 325/2022 and 326/2022.
______________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 21.01.2022
Judgment 4 W.P.No.319.2022+3.odt
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
1. Heard learned counsel for the petitioners and Smt. K. S.
Joshi, learned G.P., who appears by waiving notice for respondent
Nos.1 to 3 in Writ Petition Nos.319/2022, 324/2022, 325/2022 and
326/2022 and Shri Shantanu Ghate, learned Advocate, who appears by
waiving notice for respondent No.4 in Writ Petition Nos.319/2022,
325/2022 and 326/2022.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
3. Considering the limited relief claimed in these petitions
and also the contention that the facts of these petitions are similar to
the facts of Petition LDVC-CW-No.543 of 2020, decided on
20th July, 2020, which we accept, has been factually correct, we are of
the view that the purposes of these petitions shall stand served by
issuing the following directions :-
(i) The State Government is directed to take an appropriate
decision, in accordance with law on the representations
made by the petitioners, in terms of Section 14(3) of the
Maharashtra Agricultural Produce Marketing (Development
and Regulation) Act, 1963, after granting an opportunity of
Judgment 5 W.P.No.319.2022+3.odt
hearing to each of the petitioners, within a period of four
weeks from the date of receipt of the order.
(ii) Till an appropriate decision as above is taken, the present
Committee shall continue in Office, in accordance with law.
4. The Writ Petitions are accordingly partly allowed.
Rule is made absolute in the above terms. No costs.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.)
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:21.01.2022
17:43
