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Bombay High CourtCAW/3377/2015allowed to be withdrawn

Dilip Shankarrao Khaire v. Shri. Dnyaneshwar Dhondiba Jedhe And ORS.

2017-11-29Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice R.M. Savant.4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5005 OF 2015 Dnyaneshwar Dhondiba Jedhe & Ors.

.... Petitioners versus State of Maharashtra & Ors.

... Respondents WITH WRIT PETITION NO.6846 OF 2013 Babanrao Balawantrao Bhegade .... Petitioner versus The State of Maharashtra & Ors.

... Respondents WITH CIVIL APPLICATION NO.3377 OF 2015 IN WRIT PETITION NO.5005 OF 2015 Dilip Shankarrao Khaire .... Applicant In the matter between :

Dnyaneshwar Dhondiba Jedhe & Ors.

.... Petitioners versus State of Maharashtra & Ors.

... Respondents WITH CIVIL APPLICATION NO.1931 OF 2014 IN WRIT PETITION NO.6846 OF 2013 Shekhar R. Badade .... Applicant In the matter between :

Nesarikar

2 / 4 Babanrao Balawantrao Bhegade .... Petitioner versus The State of Maharashtra & Ors.

... Respondents WITH CIVIL APPLICATION NO.2765 OF 2015 IN WRIT PETITION NO.6846 OF 2013 Bhushan Nyaneshwar Tupe .... Applicant In the matter between :

Babanrao Balawantrao Bhegade .... Petitioner versus The State of Maharashtra & Ors.

... Respondents WITH CIVIL APPLICATION NO.2766 OF 2015 IN WRIT PETITION NO.6846 OF 2013 Dilip Shankarrao Khaire .... Applicant In the matter between :

Babanrao Balawantrao Bhegade .... Petitioner versus The State of Maharashtra & Ors.

... Respondents .......

• Mr.S.R. Kulkarni, Advocate for the Petitioners in WP No.5005/15.

• Mr.R.D. Soni, i/b. M/s. Ram & Co. for the Petitioner in WP No.6846/15.

• Mr.M.L. Patil, Advocate for the Respondent No.5.

3 / 4 • Mr.Pralhad Paranjpe, a/w Mrs. R.A. Salunkhe, AGP, for the State/Respondent.

• Mr.V.R. Kadam, i/b. Mr.Y.P. Narvankar, Advocate for the Intervenor in C.A. No.1931/14.

CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 29th NOVEMBER, 2017.

P.C. :

1.

The above Petitions challenging the appointment of the Board of Administrators on the Regional APMC Pune, pending the above Petitions the Regional APMC, Pune, has been amalgamated with the APMC, Haveli-Manjari by order dated 04/12/2015 passed by the District Deputy Registrar in exercise of the powers u/s 44(1) of the Agriculture Produce Marketing Committee Act. The said fact has been recorded in the order dated 10/12/2015 passed in the above Writ Petition No.5005/15. After recording the said order, the Division Bench, which was hearing the said Writ Petition, has observed that the Petitioners, if they want to amend the Petition, may take out an appropriate Civil Application for the same. However, the learned Counsel appearing for the Petitioners Mr.S.R. Kulkarni (Writ

4 / 4 Petition No.5005/15) and Mr.R.D. Soni (Writ Petition No.6846/13), in view of the said subsequent development of the two APMCs being merged, on instructions, seek withdrawal of the above Petitions with liberty to file fresh Petitions seeking the same relief as also an additional relief arising out of the challenge to the amalgamation of the two APMCs. 2.

The Petitions are accordingly allowed to be withdrawn with liberty as prayed for.

3.

In view of the withdrawal of the Petitions, the Civil Application No.3377/15 in WP No.5005/15 and Civil Application Nos.1931/14, 2765/15 and 2766/15 in WP No.6846/13, do not survive and to accordingly stand disposed of. (SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)