Mangesh S/O Banduji Madne And Others v. The Agricultural Produce Market Committee, Nagpur Through Administrator

4 a caw140-21.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 140 OF 2021 IN WRIT PETITION NO. 2620 OF 2020 Mangesh Banduji Madhe and ors.

-VsThe Agricultural Produce Marketing Committee. ----------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

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----------------------------------------------------------------------------------------------------------------------------- Mr.D.V.Chauhan, counsel for the petitioners. Mr. V.M.Gadkari,counsel for respondent CORAM : SUNIL B.SHUKRE & ANIL S.KILOR, JJ.

DATE : 07.07.2021.

1.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.

2.

Heard.

3.

This application rests on two grounds, one is the inability of the present Administrator to take any major financial or policy decision till holding of the elections on account of the direction issued in this regard by this Court in Writ Petition No. 4488 of 2017 and the other is inability of the Administrator to decide the application because there is no sufficient space available as well as infrastructure.

4.

As regards the first ground, we are willing to resolve the same. Accordingly, in modification of the Kavita

4 a caw140-21.odt 2/2 direction issued by this Court and by way of exception, if any, to the direction issued in Writ Petition No.4488 of 2017, we permit the Administrator to take appropriate decision on the applications, which he has received for grant of license at Bakra Mandi.

5.

As regards the other ground, we do not think that it could be entertained by this Court. The reason being that when the Writ Petition was decided by this Court, this ground was never raised by the APMC. The APMC, had only then stated that it was unable to decide because of difficult phase resulting from on going Covid19 Pandemic. This ground as well as prayer made in this regard are therefore rejected. We direct that the APMC shall comply with the directions issued by this Court in the judgment dated 03.08.2020 within four weeks from the date of the order .

6.

The civil application is disposed of accordingly. No costs.

JUDGE JUDGE Kavita