Bombay High CourtWP/6922/2016dispossed offdismiss for default

M/S Haji Hyder Traders Through Proprietor, Aiashga Parveen Azizul Musqtak, Nagpur v. State Of Maharashtra, Through Secretary, Agricultural Department, Mumbai And Others

2016-12-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

09.12.wp.6922.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6922/2016 (M/s Haji Hyder Traders Through Prop: vs. State of Maharashtra and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. A.D.Sonak, Advocate for the petitioner Mrs.Geeta Tiwari, Asst. Government Pleader for respondent no.1 Mr. U.S. Dastane, Advocate for Respondents 2 and 3 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 9th December, 2016.

Heard.

By this Petition, the petitioner challenges the list prepared by the respondent-Agriculture Produce Market Committee (APMC) for the allotment of the shops-blocks, situated in the APMC market.

Shri Dastane, the learned counsel for the respondentAPMC states that the provisional list is published by the APMC and objections are invited on the same. It is stated that if the petitioner has submitted the objection, the same would be considered. It is stated that the petition is premature and is liable to be dismissed.

In the circumstances of the case, we are inclined to uphold the objection raised on behalf of the respondent-APMC that the petition is premature. If the objection of the petitioner is rejected, then an occasion would arise for the petitioner to file appropriate proceedings. Before the objection is decided, the petitioner has challenged the provisional list. Hence, we dispose of the Writ Petition with no order as to costs.

09.12.wp.6922.16 The points raised in the petition are, however, kept open. JUDGE JUDGE sahare