Satara Sahakari Dudh Utpadak Va Prakriya Sangha Lttd. v. State Of Maharashtra Through Principle Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14046 OF 2017 CIVIL APPLICATION NO.1946 OF 2018 Pune Zilla Doodah Utpadak Sangh Maryadit The State Of Maharashtra And Ors.

WRIT PETITION NO. 569 OF 2018 Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd.

The Secretary And Anr.

WRIT PETITION NO. 13916 OF 2017 Baramati Taluka Doodah Utpadak Sangh Maryadit, The State Of Maharashtra And Ors.

WRIT PETITION NO. 5432 OF 2018 Rajarambapu Patil Sahkari Dudh Sangh Ltd Through Its Authorized Representative The Principal Secretary And Ors Nesarikar

2 / 7 WRIT PETITION NO. 6139 OF 2018 Shivamrut Dudh Utpadak Sahakari Through Legal Officer The State Of Maharashtra Through The Secretary And Anr.

WRIT PETITION NO. 7421 OF 2018 Koyna Sahakari Dudh Utpadak Prakriya Sangh Ltd.

Its Secretary And Others WRIT PETITION STAMP NO. 15539 OF 2018 Sinnar Taluka Vibhagiya Sahkari Dudh Utpadk And Prakriya Sangh Sinner And Others Its Principal Secretary And Others WRIT PETITION STAMP NO. 19509 OF 2018 Mohanrao Shinde Sahakari Dudh Utpadak Sangh Ltd. Miraj Through Shri Milind B Patil Managing Director The State Of Maharashtra Through The Secretary And Anr

3 / 7 WRIT PETITION NO. 7421 OF 2018 Koyna Sahakari Dudh Utpadak Prakriya Sangh Ltd.

Its Secretary And Ors.

WRIT PETITION NO. 8964 OF 2018 Vasant Dada Dugadh Vyavsay Vikas Jilha Sahkari Sangh Ltd.

Its Secretary And Ors.

WRIT PETITION NO. 8966 OF 2018 Patan Taluka Sahakri Dudh Utpadak Prakriya Sangh Ltd.

The State Of Maharashtra Through Its Secretary And Ors.

WRIT PETITION NO. 7823 OF 2018 Sonhira Dudh Utpadak Prakriya Va Krishi Purak Udyog Sahakari Sangh Maryadit Kadegaon Its Principal Secretary, And Ors.

4 / 7 WRIT PETITION NO. 7826 OF 2018 Loknete Hanmantrao Patil Taluka Sahakari Doodh Utpadak Sangh Maryadit The State Of Maharashtra, Through Its Principal Secretary And Ors.

WRIT PETITION NO. 5636 OF 2018 Satara Sahakari Dudh Utpadak Va Prakriya Sangha Ltd.

State Of Maharashtra Through Principle Secretary And Ors.

WRIT PETITION NO. 7484 OF 2018 Phaltan Taluka Sahakari Dudh Purvatha Sangh Ltd. Through Its Chairman The Principal Secretary And Anr.

WRIT PETITION NO. 7615 OF 2018 Shetkari Taluka Sahakari Dudh Utpadak Sangh Ltd. Through Its Manager State Of Maharashtra Through Its Principal Secretary And Ors.

5 / 7 WRIT PETITION STAMP NO. 20188 OF 2018 Shirol Taluka Sahakari Dudh Utpadak And Krishi Purak Seva Sangh Ltd., Dattanagar, Shirol The Secretary And Anr.

WRIT PETITION STAMP NO. 19655 OF 2018 Fatteshinghrao Naik (Appa) Sahkari Dudh Utpadak Sangh Ltd. Sangh The State Of Maharashtra Through Its Principal Secretary And Ors.

.......

• Mr.Shekhar Jagtap a/w Ms.Sairuchita Choudhary i/b M/s. J. Shekhar And Co. for Petitioner in WP No.14046/2017 & 13916/17.

• Mr.Amit Borkar, for Petitioner in WP No.569/18, 6139/18 and WPST No.19509/18.

• Mr. J. G. Reddy (Aaradwad) a/w Mr.Arvind Aswani, Advocate for petitioner in WP No.5432/2018 & WPST No.19655/18. • Mr.Milind Deshmukh a/w Mr.Shailesh Chavan a/w Mr.Prasanna Salave, for Petitioner in WP No.5636/18. • Mr. Yogesh Patil, Adv for petitioner in WP Nos.7421/2018, 8964/2018, 8966/2018.

• Ms.Shraddha Pawar i/b. Mr. Dilip Bodke Adv for petitioner in WP No.7484/2018.

• Mr.V.B. Rajure, Advocate for Petitioner in WPST No.20188/2018.

• Mr. Nandu Pawar Adv for petitioner in WP Nos.7823/2018 and 7826/2018.

• Mr. Pratik Ranade adv for petitioner in WP(st) No.15539/2018.

6 / 7 • Mr.Tushar Khairnar i/b. U.R. Mankapure, Adv. for Petitioner in WP No.7615/18.

• Mr. Ghanashyam Jadhav adv applicant in CAW No.1946/2018. • Mr. A A Kumbhakoni, Advocate General with Mr.S.B. Lolage 'A' Panel, with Mr. A P Vanarase AGP a/w Mrs.S.S. Bhende, AGP for State.

CORAM : INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE : 20th FEBRUARY, 2019.

P.C. :

1.

Heard learned Counsel for the Petitioner as well as learned Advocate General on behalf of the State. By order dated 26/10/2018 this Court had recorded the statement of learned Advocate General for the State of Maharashtra that, the State Government has already issued Government Resolution dated 27/09/2018 reducing the price of milk from Rs.27/- per liter, to Rs.25/- per liter. To that effect he also produced a copy of the said Government Resolution.

2.

After recording of the submissions of learned Advocate General, learned Counsel for the Petitioner sought some time to seek instructions from their respective clients.

7 / 7 3.

Today learned Advocate General submitted that all notices issued to the Petitioner Co-operative Societies, under the earlier resolution under which price of milk has been raised as Rs.27/- per liter, would not be given effect to since the earlier resolution does not survive.

4.

In view of the said circumstances, the learned Counsel for the Petitioners are permitted to withdraw the Writ Petitions with liberty to raise all such contentions raised in the present Writ Petition in the future, if such cause of action arises. We are of the considered view that since none of the contention raised by either side has been adjudicated by us, hence all issues are left open for adjudication when and if such circumstances do arise. With such observations and liberty is granted to the Petitioner to withdraw the Writ Petitions, Writ Petitions are disposed of as withdrawn.

5.

Civil Application connected thereto also stands disposed of.

(SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.)