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Bombay High CourtWP/9742/2019disposed off

Shri. Shivaji Pandurang Chumble v. State Of Maharashtra And ORS

2019-09-05Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Indrajit Mahanty2 pages

903-wp-9742-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9742 OF 2019 Shivaji Pandurang Chumble

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. R.A. Thorat, Senior Advocate a/w. Mr. Sanjiv Sawant i/b. Mr. Ketan Joshi, for the Petitioner CORAM : INDRAJIT MAHANTY & N.B. SURYAWANSHI, JJ.

DATE :

SEPTEMBER 05, 2019 P.C.:

.

Heard learned counsel for the respective parties. 2.

The challenge in this Petition is to the show cause notice dated 26th August, 2019 (Exhibit D) issued to the Petitioner. The learned counsel for the Petitioner fairly submits that pursuant to the said notice reply has been given but he apprehends that if any adverse order is passed against the Petitioner, in such circumstances, the Petitioner is entitled under the statute to file an Appeal under Section 52(B) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. He therefore pressing that Vishal Parekar 1/

903-wp-9742-2019.doc in the event adverse order is passed, the same may not be enforced for a period of 15 days.

3.

We direct that the order may not be given effect for the period prescribed for filing of an Appeal. Therefore, the Appellate authority may pass such order as they deems fit and proper. 4.

The Petition is disposed of as such.

(N.B. SURYAWANSHI, J.) (INDRAJIT MAHANTY, J.) Vishal Parekar 2/