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Bombay High CourtWP/936/2014disposed off

Shri. Pradunya Gautamchand Doshi And ANR v. The Agricultural Produce Market Committee, Phaltan

2015-08-24Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 936 OF 2014 Shri Pradunya Gautamchand Doshi and another.

...

Petitioners.

V/s.

The Agricultural Produce Market Committee and another.

...

Respondents.

Ms.Kalyani Tulankar i/b. S.B.Deshmukh for the petitioners. V.S.Talkute for respondent No.1.

P.G.Sawant, AGP for the State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

24th August 2015.

P.C.

Heard.

2.

The petitioner challenges the action taken by respondent No.1- APMC in issuing notices for licence and other fees. The contention of the petitioners is that they are carrying out trading activities outside the market area of subject APMC.

3.

Learned counsel appearing for respondent No.1 pointed out that one Association by name Phaltan Yethil Krishi Malachya Vyaparyanchi Association filed suit in respect of subject matter being RCS No.203/2012.

skn 2/2 936.14-wp.sxw Learned counsel has drawn our attention to the order passed on the application taken out in the said suit for temporary injunction. The said application was partly allowed by order dated 28th November 2012 by Joint Civil Judge, Junior Division, Phaltan. On instructions, learned counsel for the petitioners submits that the said suit is disposed of. It is partly allowed.

4.

The APMC has issued certain notices to the petitioners. The petitioners are yet to reply to those notices. Considering this development, we are not inclined to entertain this petition at this stage. All issues on merits are kept open.

5.

Petition is, accordingly, disposed of.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..