Digvijay Digambar Bagal v. The State Of Maharashtra Through Prin. Secretary, Dept. Of Marketing And ORS

1/2 14-WP-8245-19+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8245 OF 2019 WITH WRIT PETITION NO. 7356 OF 2019 Digvijay Digambar Bagal

...Petitioner

Versus

The State of Maharashtra Through Principal Secretary, Department of Marketing & Ors.

...Respondents

...

Mr. Abhijit Kulkarni i/b. DD and Abhijit Associates for Petitioner. Mr. Sarang Aradhye a/w. Mr. Milind Prabhume for Respondent No. 4. Mr. Mandar Limaye for Respondent No. 3.

Dr. K.R. Kulkarni a/w. Mr. R.P. Kadam, AGP for Respondent - State. ...

CORAM : S. S. SHINDE & N. B. SURYAWANSHI, JJ.

DATE : 14th OCTOBER 2019 PER COURT :

1.

Heard learned counsel appearing for the Petitioner for some time. The decision of the Director of Marketing is challenged in the writ petitions. There is an alternate efficacious remedy under Section 52B of The Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short "said Act"). In that view of the matter, this Court declines to entertain these writ petitions. Hence, both writ petitions stands disposed of, Bhagyawant

2/2 14-WP-8245-19+.doc with liberty to the Petitioner to avail of an appropriate remedy as available under Section 52B of the said Act.

2.

Needless to observe that, in case the Petitioner prefers an Appeal under Section 52B of the said Act, and if there is delay in filing the appeal, while considering the prayer for condonation of delay, the Appellate Authority shall keep in view the time spent by the Petitioner in prosecuting these petitions.

(N. B. SURYAWANSHI, J.) (S. S. SHINDE, J.) Bhagyawant