Bharat Kisan Palve v. The State Of Maharashtra And ORS

wp1116.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1116 OF 2008 Bharat s/o Kisan Palve, Age-32 years, Occu:Agriculture, R/o-Kolhar, Tq-Pathardi, Dist-Ahmednagar.

...PETITIONER

VERSUS

The State of Maharashtra, Through the Secretary, Agriculture Produce and Marketing Department, Mantralaya, Mumbai and others.

...RESPONDENTS ...

Mr. V.D. Hon Advocate for Petitioner.

Mrs. M.A. Deshpande, A.G.P. for Respondents.

...

CORAM: S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATE : 19TH MARCH, 2015 ORDER :

1.

The Writ Petition assails the Ordinance i.e.

Maharashtra Ordinance No.1 of 2008 issued in furtherance to amend the Maharashtra Agricultural Produce Marketing (Development and Regulation)

wp1116.08 Act, 1963 and to hold that the Ordinance is bad, void in law and unconstitutional.

2.

We have heard learned counsel for the Petitioner. Learned A.G.P. states that life of the Ordinance is only for six months and the Ordinance is not surviving today. It would culminate into an Enactment.

3.

The challenge was to the Ordinance and seeking directions to accept nomination form of the Petitioner for the election of the Agricultural Produce Market Committee, Pathardi. The same was for the period 2007 to 2012. With the passage of time the said relief does not survive. Even the Ordinance would not be in force today. If the Petitioner chooses, is at liberty to challenge the provisions of the statute. Writ Petition, as such, stands disposed of. Rule discharged. No costs. [A.I.S.CHEEMA,J.] [S.V. GANGAPURWALA, J.] asb/MAR15