Krushi Utpan Bazar Sametti Telhara, Akola Thr. Its Secretary, Suresh Janrao Sonone And Another v. Divisional Joint Registrar, Co-Operative Society Amravati And Others

1 14 wp 3989.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3989 OF 2021 Krushi Utpan Bazar Sameti Telhara and anr.

..VS..

Divisional Joint Registrar, Co-operative Society, Amravati and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Mirza, Advocate, for the petitioners. Ms.T.H. Khan, A.G.P. for respondent no.1.

Shri D.S. Patil, Advocate for respondent nos. 2 to 6. CORAM : ROHIT B. DEO, J.

DATED :

st JANUARY, 22.

Hearing was conducted through Video Conferencing.

2.

The petitioners are assailing the order dated 14.09.2021 rendered by the Joint Registrar, Co-operative Society, Amravati in Revision Application No.10 of 2021 preferred by the contesting private respondents under Section 43 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 whereby the Revisional Authority granted stay to Resolutions 3 and 4 passed in the meeting of the Agriculture Produce Market Committee held on 31.08.2021.

3.

While Resolution 3 purports to appoint one Vithal Ramdas Patrikar as Assistant Secretary for the period from 03.09.2021 to 15.02.2022, Resolution 4 purports to appoint one Satyavijay Shrikrushna Akhre as a Peon on compassionate basis.

4.

Lest the observations of this Court cause any prejudice to the employees who are not parties to the

2 14 wp 3989.2021 petition, I would refrain from making any observations on the legality of the Resolutions.

5.

However, I do not see any error in the prima facie view of the Revisional Authority. The legality of the appointments will have to be scrutinized further, and this Court hopes that the Revisional Authority will do so expeditiously.

6.

While I do not interfere with the interim order, the Revisional Authority is requested to finally decide the Revision Application No.10 of 2021, if necessary after hearing the two employees who may be affected, and the other parties, within the next 60 days, from the date of service of this order.

7.

The Writ Petition is disposed of in the aforesaid terms.

JU DGE Trupti TRUPTI SANTOSHJI AGRAWAL 31.01.2022 16:27