Hinganghat Merchants ... vs The State Of Maha., Thr. Principal ...
2022 Latest Caselaw 7109 Bom

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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    NAGPUR BENCH, NAGPUR

                          WRIT PETITION NO.4217 OF 2022
     Hinganghat Merchants Association, thr.its President Shri Abhay s/o Premraj
                                     Ostwal and anr
                                          ..vs..
      The State of Mah., thr.its Principal Secretary, Department of Cooperation,
                      Marketing and Textiles, Mumbai and ors
...........................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                           Court's or Judge's Order
and Registrar's orders
...........................................................................................................................................................................
                  Shri M.G.Bhangde, Senior Advocate with Shri S.S.Sarda, Advocate for
                  the Petitioners.
                  Shri Apoorva De, Advocate for the Respondent No.4.
                  Mrs.K.S.Joshi, Incharge Government Pleader for the Respondent
                  Nos.1 to 3.

                  CORAM : A.S.CHANDURKAR & URMILA JOSHI-PHALKE, JJ.

DATED : 25/7/2022

1. The petitioner No.1 - Merchants Association has raised challenge to Maharashtra Act No.XXVII of 2022 by which the provisions of Section 34A of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 have been amended. In Sub section (1) of the Section 34A of the said Act, the words "such staff appointed by " have been deleted. According to Shri Bhangde, learned Senior Advocate for the petitioners, this amendment has been effected to do away with the basis of the judgment of this Court in Writ Petition No.1719 of 2010 ( Karsandas Mulji Thakkar and ors vs. The State of Maharashtra and ors ) along with connected writ petitions decided on 5.11.2014 at the Principal Seat. It is submitted that the Honourable Supreme Court having held that levy of supervision charges being in the nature of fee, the amendment is also liable to be struck down as no service is rendered by the State Government. Inviting attention to the communication dated 7.7.2022, it is submitted that the supervision charges collected by the Market Committee must be retained with it and ought not to be made over to the State Government.

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2. Issue notice to the respondents, returnable in four weeks.

3. Mrs.K.S.Joshi, learned Incharge Government Pleader waives notice for the respondent Nos.1 to 3 and Shri Apoorva De, learned Advocate waives the notice for the respondent No.4. Since a declaration has been sought as regards invalidity of Maharashtra Act No.XXVII of 2022, issue notice to the learned Advocate General of Maharashtra in addition.

4. In the meanwhile, the amounts collected by the Market Committee towards supervision charges shall be, if not forwarded to the State Government, retained by the Market Committee preferably by investing that amount in a Fixed Deposit Account, until further orders.

          (URMILA JOSHI-PHALKE, J.)     (A.S.CHANDURKAR, J.)

!! BrWankhede !!   Digitally signed
                   by BHUSHAN
BHUSHAN            RANA
RANA               WANKHEDE
WANKHEDE           Date:
                   2022.07.27
                   10:49:57 +0530




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