Maroti Shankar Pradhan v. The State Of Mahrashtra And Others

938-WP-8378-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8378 OF 2020 MAROTI SHANKAR PRADHAN

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S. B. Solanke h/f. Solanke And Solanke Associates AGP for Respondents No.1 to 5 - State : Mr. A. A. Jagatkar Advocate for Respondent No. 7 : Mr. Sachin S. Deshmukh ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE :

24-11-2021 PER COURT :- Mr. Deshmukh, learned Advocate for respondent No.7 raised preliminary objection as to the maintainability of the present petition. He pointed out that Section 52B of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, (in short, "APMC Act") provides a remedy of appeal, which should have been availed by the petitioner instead of filing the present petition.

2.

Learned Advocate for the petitioner, therefore, seeks leave to withdraw the present petition with liberty to avail the remedy as provided under Section 52B of the APMC Act. 3.

Leave granted. Writ petition is allowed to be withdrawn with liberty as prayed for.

4.

The appellate authority shall consider the period spent by the petitioner for prosecuting this petition while considering delay condonation application.

( NITIN B. SURYAWANSHI ) JUDGE rrd