Sheikh Javed Sheikh Hussain Kadri v. State Of Maharashtra, Thr. Agricultural Product Market Committee Akola And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

Sheikh Javed Sheikh Hussain Kadri, aged about 35 years, Occupation :

Business, R/o Mankarna Plot, .... PETITIONER // VERSUS // 1.

State of Maharashtra, through Agricultural Product Market Committee, Akola.

2.

The Secretary, Agricultural Produce Marketing Committee, Akola, Tq.

and Distt.Akola.

3.

Ajay Traders, (Registered) Through Proprietor Ajay Bhimrao Chincholkar, Aged about 43 years, Occ. Business, R/o Shop No.24, A.P.M.C. Market Yard, Akola, Tq. and Distt. Akola.

4.

Jain Trading Company, (Registered) Through Proprietor Ajay Ramkumar Ajmera, Aged about 45 years. Occ.

Business, R/o shop No. 15, A.P.M.C.

Market Yard, Akola, Tq. and Distt.

Akola.

5.

Arihant Trading Company, Shantilal Shrikrushna Jain, Aged about 72 years, Occ - Business, R/o Shop No. 13, A.P.M.C. Market Yard, akola, Tq. & Distt. Akola.

6.

Satyajeet Traders, (Registered) Through Proprietor Pralhadrao Gulabrao Deshmukh, Aged about 90

years, Occ. - Business, R/o Shop No.

21, A.P.M.C. Market Yard, Akola, Tq.

and Distt. Akola.

7.

Pundlik Traders, (Registered) Through Proprietor Prashant Prlahadrao Deshmukh, Aged About 40 years, Occ - Business, R/o Shop No. 21, A.P.M.C., Market Yard, 8.

Ashirwad Trading Company, Atul Mohanrao Rathod, Aged about 31 years, Occ - Business, R/o Shop No. 60, A.P.M.C., Market Yard, 9.

Hanuman Trading Company (Registered), through Proprietor Vitthaldas Mangalchand Rathi, Aged About 80 years, Occ. - Business, R/o Shop No. 53, A.P.M.C. Market Yard, Akola, Tq. and Distt. Akola,

10. Mankar & Sons (Registered) Through Proprietor Bhaskar Jagganath Mankar, aged about 50 years, Occ. - Business, R/o Shop No.

28, A.P.M.C., Market Yard, Akola, Tq.

and Distt. Akola.

11. Roshan Trading Company (Registered) Through Proprietor Anil Kantilal Jain, Aged about 43 years, occ. - Business, R/o Shop No. 42, A.P.M.C. Market Yard, Akola, Tq. and Distt. Akola.

12. A.M. Shingrup, (Registered) Through Proprietor Arun Madhukar Shingrup, Aged about 65 years, Occ.

Business, R/o Shop No. 10, A.P.M.C.

Market Yard, Akola, Tq. & Distt.

Akola.

13. Malani Trading Company,

Amar Kamalkishor Malani, Aged about 43 years, Occ - Business, R/o Shop No. 15, A.P.M.C., Market Yard, .... RESPONDENT S Shri K.H. Anandani, Advocate for the petitioner. Shri R.D. Bhuibhar, Advocate for respondent no. 2. ______________________________________________________________ CORAM :

ROHIT B. DEO, J.

DATED :

31.03.2022__ ORAL JUDGMENT :

Heard. RULE. Notice to private respondents is dispensed with. With consent, the petition is heard finally.

2.

The petitioner has handed over the possession of the shop block allotted to him when he was holding the license, to the Market Committee. 3.

The petitioner has preferred Civil Suit in the Court of Civil Judge, Junior Division, Akola seeking cancellation of the orders dated 17.06.2021 and 01.07.2021, whereby the two licenses were cancelled. The application seeking injunction was rejected by the Trial Court and the petitioner has preferred an appeal, which is pending. The grievance of the petitioner is that the request for ex-parte injunction was not considered and notice was issued, which is returnable on 12.04.2022. 4.

This Court expects the Appellate Court to finally decide the appeal, within the 30 days from the date of service on all the respondents.

5.

It is further clarified that the delivery of possession by A.P.M.C. of the shop block vacated, shall be subject to the order passed in the civil litigation and if the A.P.M.C. intends to allot the said shop block to any person, the allottee shall be made aware in writing, of the pendency of the litigation and that the allotment of the shop, shall be subject to the order, which may be passed, by the Civil Court.

6.

An undertaking shall be obtained by the A.P.M.C. from such allottee to immediately vacate the shop block, if there is any order of the Civil Court in favour of the petitioner regarding the two licenses, which are cancelled.

7.

The petition is disposed of in the afore-stated terms. (ROHIT B. DEO, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 31.03.2022 18:09