Agriculture Market Produce Committee, Pune v. Honourable Minister, Marketing Of The State Of Maharashtra And ORS

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 537 OF 2020 AGRICULTURAL MARKET PRODUCE COMMITTEE PUNE ..PETITIONERS vs.

HONOURABLE MINISTER MARKETTING OF THE STATE OF MAHARASHTRA & ORS.

..RESPONDENTS ------------------------ Mr. Sugandh Deshmukh for petitioner.

Mr. S.R. Nargolkar I/b. Mr. Arjun Kadam for respondent No.2. Mrs. M.S. Bane, AGP for State.

------------------------

CORAM

: M.S.KARNIK, J.

DATE : FEBRUARY 2, 2021 P.C.:- Heard learned counsel for the petitioner.

2.

Challenging the impugned order dated 16/9/2019 passed by the Hon'ble Minister (Marketing) which is at page 50 of the Petition, learned counsel for the petitioners submitted that the petitioners were not heard before the impugned order was This order is corrected pursuant to the order dated 18.02.2021 1/3

passed. He invited my attention to the copy of communication at page 49 of the Petition wherein reference is made to the dates of the hearing which indicates that the petitioners in fact could not be heard.

3.

Learned counsel for the respondent No.2 fairly states on instructions of Mr. Thakkar present in the Court that the petitioners were not heard when the order was passed. In this view of the matter, the impugned order calls for interference. 4.

The matter is remitted back to the Hon'ble Minister (Marketing) for a fresh hearing on merits and in accordance with law. It is made clear that all contentions on merits are kept open. I may not be understood to have expressed any opinion so far as merits of the contentions are concerned.

5.

Considering the controversy and the request made by learned counsel for the respondent No.2, the Hon'ble Minister (Marketing) is requested to decide the Appeal No. 23 of 2019 as expeditiously as possible and in any event within a period of eight weeks from 9/2/2021.

This order is corrected pursuant to the order dated 18.02.2021 2/3

6.

The parties to appear before the Hon'ble Minister (Marketing) on 9/2/2021, at 2.30 p.m., whereupon the Hon'ble Minister (Marketing) may fx further schedule of the hearing. 7.

The Writ Petition is disposed of.

8.

Parties to act on an authenticated copy of this order. (M.S.KARNIK, J.) Digitally signed by Diksha Rane Date:

2021.02.18 19:35:41 +0530 Diksha Rane This order is corrected pursuant to the order dated 18.02.2021 3/3