Agricultural Produce Market Committee Purna Through Its President Balaji Ramrao Desai And Another v. The State Of Maharashtra And Others

1 23wp11476.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11476 OF 2016 Agricultural Produce Market Committee, Purna, Tq. Purna, Dist. Parbhani through its President and anr.

..Petitioners Vs.

The State of Maharashtra, Through its Secretary, Marketing Department, Mantralaya, Mumbai - 32 and ors.

..Respondents -- Mr.R.N.Dhorde, Senior Counsel i/b. Mr.S.B.GhatolPatil, Advocate for petitioners Mr.A.B.Girase, G.P. for respondents -- CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : NOVEMBER 22, 2016 PER COURT :

Heard.

2.

The petitioner - A.P.M.C. is praying for issuance of directions to the Director of Marketing to accord approval to the proposal

2 23wp11476.odt forwarded by A.P.M.C. for allotment of plots out of Survey Nos.18/4/2 and 18/3 situated at Purna, Dist. Parbhani, on lease basis.

3.

While disposing of Writ Petition No.1797 of 2016, this court restrained the Administrator of the A.P.M.C. from taking any major policy decision during the extended term. As such, the petitioner is not expected to take any major policy decision. The request made by the petitioner for issuance of directions to the Director of Marketing to accord approval to the proposal for leasing out the vacant plots cannot be considered.

4.

The apprehension of the petitioner is that there would be encroachment on its property. In such eventuality, the interests of the petitioner can be safeguarded by granting liberty to them to take assistance of the police authority

3 23wp11476.odt and the District Collector for protecting the properties or for raising fence surrounding the properties. If the petitioners make suitable request, the authorities concerned shall render necessary assistance to the petitioners.

5.

In view of the above, the petition stands disposed of.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp