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Bombay High CourtWP/4014/2024disposed off

Satish Marutirao Margane v. The State Of Maharashtra Through The Secretary And Others

2024-04-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:8597-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4014 OF 2024 (Satish Marutirao Margane Vs. The State of Maharashtra and Others) Mr.A.L.Kanade, Advocate for the Petitioner.

Mr.R.S.Wani, AGP for the Respondent/State.

Mr.A.N.Irpatgire, Advocate for Respondent No.7 ( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.) DATE : APRIL 18, 2024 PER COURT :

1.

It is apparent that the Petitioner cannot assail the impugned order before this Court and has to file an appeal u/s 52-B of the APMC Act before the Hon'ble Minister. The learned AGP submits on instructions that because of the elections, the concerned Minister would not be found in Mantralaya. He further submits that the Petitioner has not even filed an appeal as on date.

2.

In view of the above, we permit the Petitioner to file the appeal u/s 52-B in view of the judgment of this Court in the matter of Gaurav Ganesh Das Daga and Others Vs. Maharashtra Public Service Commission and Others [2022(3) Mh.L.J.770]. If such an appeal is khs/April 2024/4014

- 2 - filed within 15 days from today and an application for interim relief is filed, we direct the concerned Minister to deal with the application for interim relief expeditiously, within a period of 30 days. Thereafter, the appeal could be decided within a period of 90 days. 3.

In view of the above, this Writ Petition is disposed off. ( R.M.JOSHI, J. ) ( RAVINDRA V. GHUGE, J.) khs/April 2024/4014