Agricultural Produce Market Committee, Katol Thr. Its Secretary, Parag Rajendra Date v. State Of Maha., Thr. Its Principal Secretary, Dept. Of Marketing, Mumbai And Another

wp3415.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

3415/2022 Agricultural Produce Market Committee, Katol, through its Secretary Shri Parag S/o Rajendra Date, aged about 42 Yrs., Occ. Service, R/o Katol, Dist. Nagpur.

...

Petitioner - Versus - 1.

State of Maharashtra, through its Principal Secretary, Department of Marketing, Mantralaya, Mumbai - 32.

2.

The Director of Marketing, Maharashtra State, 3rd Floor, New Administrative Building, Pune -1.

... Respondent s ----------------- Mr. M.P. Khajanchi, Advocate for the Petitioner. Mrs. K.S. Joshi, Additional Government Pleader for Respondent Nos.1 and 2.

---------------- CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 20.9.2022 ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2.

The impugned order rejecting the tender of the petitioner, in our opinion, does not take into consideration all the

wp3415.2022 points raised in the representation dated 11.4.2022 made by the petitioner, especially the point relating to the prevailing rates as per the current DSR. Therefore, even though the impugned order is an administrative order, as has been pointed out by the learned Additional Government Pleader, the order requires interference as it does not satisfy the test of nonarbitariness and reasonableness. In the result, the petition is allowed. The impugned order is quashed and set aside and the matter is remanded back to respondent No.2 for a fresh decision, in accordance with law and upon consideration of all the points raised in representation dated 11.4.2022. The petitioner to appear before respondent No.2 on 26.9.2022. The decision shall be rendered within four weeks from the date of appearance of the petitioner. Rule is made absolute in the above terms. No costs. (G.A. SANAP, J.) (SUNIL B. SHUKRE, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:21.09.2022 10:49