Saber Sheru Ismail Soudagar And Others vs Agricultural Produce Market Committee ...
2026 Latest Caselaw 5461 Bom

Bombay High Court

Saber Sheru Ismail Soudagar And Others vs Agricultural Produce Market Committee ... on 22 May, 2026

                                     {1}                   3-WPST-14984-2026

                   IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                              BENCH AT AURANGABAD

                      WRIT PETITION STAMP NO. 14984 OF 2026

Saber @ Sheru Ismail Soudagar & Others                     ...Petitioners

         Versus

Agricultural Produce Market Committee
Paranda, Tq. Paranda, Dist. Dharashiv
Through its Secretary/President                            ...Respondent

Mr. G.J. Kore, Advocate for the petitioners
                                     .......
                                CORAM : SIDDHESHWAR S. THOMBRE, J.
                                             (VACATION COURT)

                                   DATE : 22nd MAY, 2026
ORDER :

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submits that in earlier round of

litigation this Court in Writ Petition No. 6858 of 2020 asked to decide

R.C.S. No. 1131 of 2017 expeditiously as possible and preferably within one

year i.e. from 13.03.2026. Learned counsel for the petitioners submits that

Agricultural Produce Market Committee (APMC) issued public notice by

publishing a news item in newspaper and contended that from Friday,

APMC has decided to initiate action to remove unauthorized shops. Learned

counsel for the petitioners submits that petitioners are occupying the shop

since last more than 20 years.

Bhagyawant Punde
                                      {2}                   3-WPST-14984-2026

3. In view of above, I find that the authorities are not supposed to

remove the construction without following due procedure of law. The

authorities are expected to issue notice to the concerned and by giving at

least 15 days time, the authorities should ask the petitioner to submit reply

and after considering the reply appropriate order may be passed.

4. After hearing the learned counsel for the petitioners and perusing the

record it seems that no such notice was issued to the petitioners and

therefore considering the news item which is annexed by the petitioner at

page no. 110, I find that petitioners have made out a case for grant of

interim relief.

5. In view of above, issue notice to respondents, returnable on

03.07.2026.

6. In the meanwhile, there shall be ad-interim relief in terms of prayer

clause 'D', which reads thus:

"D. Pending, hearing and final disposal of this writ petition, kindly restrain the respondent from demolishing or removing encroachment without following due procedure of law."

(SIDDHESHWAR S. THOMBRE) JUDGE

Bhagyawant Punde