Agricultural Produce Market Committee Degloor Thr Its Chairman And Another v. The State Of Maharashtra And Others
2025:BHC-AUG:23809-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 7999 OF 2025 AGRICULTURAL PRODUCE MARKET COMMITTEE DEGLOOR THR ITS CHAIRMAN AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
• Mr. Palnitkar Sanket Shantaram, Advocate for the Petitioners • Mr. A. B. Girase, GP for Respondent No. 1 to 4 • Mr. U. B. Deshmukh, Advocate for Respondent No. 5 ...
WITH CIVIL APPLICATION NO. 8633 OF 2025 IN WRIT PETITION NO. 7999 OF 2025 CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.
DATE : 04.09.2025 PER COURT :
1.
In this petition on 13.08.2025, this Court has passed the following order:- "1.
On 29.07.2025, this Court had called upon the petitioners to file an additional affidavit giving details about the amounts due to ex- employees as well as current employees of the petitioners and to place on record the financial status of the petitioners APMC. 2.
In that light, additional affidavit dated 11.08.2025 along with documents is placed on record by the petitioners. 1/3
3.
We are satisfied that sufficient material is placed on record on behalf of the petitioners, to press for relief in the present petition. 4.
Prima facie, we find that the impugned communication is issued on the directions of the concerned Minister on a request made by a Member of Parliament and we have serious doubt whether such procedure can be adopted to undo the permission regularly granted by the Respondent No.2-the Director of Marketing on 02.04.2024 to the petitioners to dispose of part of the property to satisfy dues of ex-employees as well as current employees.
5.
Issue notice for final disposal, returnable on 04.09.2025, to be included in the "urgent orders category".
6.
The learned Government Pleader waives notice on behalf of respondent Nos.1 to 4.
7.
Liberty to the petitioners to serve respondent No.5 additionally by way of private service and to file an affidavit of service before the next date of listing."
2.
Today, when the petition is called out for hearing, the learned Government Pleader has tendered communications, which, according to him, would satisfy the grievance of the petitioners. The communications are taken on record and marked 'X' and 'Y' for identification. By the communication at 'X', dated 03.09.2025, the Additional Secretary of the Department of Co-Operation, Marketing and Textiles Department of respondent - State has communicated to 2/3
the Director of Marketing of the State that the impugned communication/order 12.06.2025 granting stay to the permission given to the petitioner to sell its land, has been vacated, and that the impugned communication / order dated 12.06.2025, is cancelled. The consequence of the said communication at 'X' is that the earlier permission granted on 02.04.2024 to the petitioner to sell its land, subject to certain terms and conditions, stands revived. The effect of the said communication at 'X' is that the permission so granted on 02.04.2024, shall remain in operation. At 'Y' is a communication dated 03.09.2025, received by the learned Government Pleader from the Additional Secretary of the Department of Co-Operation, Marketing and Textiles Department of respondent - State, intimating the fact that the impugned communication / order dated 12.06.2025 has been withdrawn.
3.
In view of the aforesaid communications at 'X' and 'Y', we are satisfied that the grievance of the petitioner no longer survives and that the petition can itself be disposed of. Accordingly, the petition is disposed of .
4.
Pending Applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) 3/3