The Agriculture Produce Marketing Committee, Latur v. The State Of Maharashtra And Others

{1} 8422.15 wp.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8422 OF 2015 THE AGRICULTURE PRODUCE MARKETING COMMITTEE, UDGIR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. M. S. Deshmukh, Advocate h/f Mr. U.L. Momale AGP for Respondent Nos.1 to 4 : Mr. V. H. Dighe. . . .

CORAM : S. V. GANGAPURWALA & A. M. BADAR, JJ.

DATE : 1st March, 2016.

PER COURT:

1] It is submitted that under Section 43 of the APMC Act, the petitioner can approach the State Government against the order of the Director. In that light of that, we are not considering the contention of the respective parties on merits. Petitioner may avail the alternate remedy as is permissible in law. All contentions are kept open. Writ petition is disposed of. No costs. The authority where the proceedings would be filed shall consider the time spent in prosecuting the present petition. The learned counsel for the petitioner undertakes to file the proceedings before the appropriate forum within 4 weeks from today. In case such proceedings are filed, the authority shall decide the said proceedings expeditiously, on its own merits in accordance with law, after hearing concerned parties, preferably within six months from the date of receipt of the said proceedings. Writ petition is disposed of.

[A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-