The Agricultural Produce Market Committee Naigaon Bajar Through The Upa Sabhapati v. Bharat Cotton Agro Bazar Naigaon Through Its Owner And Others

1 WP-452-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 452 OF 2020 The Agricultural Produce Market Committee Naigaon Bajar Through the Upa Sabhapati .. Petitioner

Versus

Bharat Cotton Agro Bazar Naigaon Through its owner and others .. Respondents Mr. Madhav M. Bhokarikar, Advocate for Petitioner. Mr. S. B. Narwade, AGP for Respondents-State. Mr. P. S. Jape, Advocate for Respondent No. 2. CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 08th JANUARY, 2020.

PER COURT:- .

Heard Mr. Bhokarikar, learned counsel for the petitioner. The learned counsel submits that the license in favour of respondent No. 1 is obtained by fraud. The learned counsel seeks to rely on various documents.

2.

The learned AGP submits that the petitioner has remedy of appeal before the State Government to challenge the said license under Section 52 (B) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

2 WP-452-2020.odt 3.

The State Government shall consider all these aspects as contended by the petitioner in the present writ petition, in case, the petitioner prefers appeal before the State Government. 4.

In the light of that, writ petition is disposed of with liberty to the petitioner to avail alternate remedy. All contentions of the respective parties are kept open. No costs.

( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.