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Bombay High CourtWP/275/2014disposed offdismissed for default

Eknath Ganpatrao Shinde v. The State Of Maharashtra And Others

2015-01-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya2 pages

{1} wp275-14.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.275/2014 Eknath s/o Ganpatrao Shinde Age 55 years, Occ-Nil, R/o Kanegaon Post Sakol Tq. Shirur Anantpal,Dist.Latur .. PETITIONER

Versus

1] The State of Maharashtra Through it's Secretary, Market & Textile Department Mantralaya, Mumbai-32 2] The Divisional Joint Registrar Co-Opertive Societies,Latur Tq. & Dist.Latur.

3] The District Deputy Registrar Co-operative Societies,Nanded 4] The Agriculture Produce Market Committee Nanded, through its President/Secretary ..RESPONDENTS ...

Mr.A.V.Indrale Patil,Adv. for petitioner Mr.D.V.Tele,AGP for respondent State.

Mr.S.B.Ghatol Patil,Adv. For respondent no.4. ...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 15th January, 2015.

P.C. :

Mr.Ghatol Patil learned counsel for respondent no.4 and

{2} wp275-14.odt learned AGP for respondent nos.1 to 3 submit that the petitioner has an alternate remedy u/s 43 of the Maharashtra Agriculture Produce Marketing (Regulation) Act, 1963 against their order and the proceedings rejecting the application for resignation. 2] In light of the said submission, Mr.Patil, learned counsel for petitioner sought to canvas submissions on merits. We are not inclined to consider the same.

3] In case the petitioner avails remedy u/s 43 of the of the Maharashtra Agriculture Produce Marketing (Regulation) Act, 1963, then the authority shall decide the said proceedings expeditiously preferably within three months from the date of receipt of the application/appeal/revision from the petitioner. Writ Petition is disposed of with liberty and directions as aforesaid. No costs.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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