Amit Bhankharia v. Mumbai Agricultural Produce Market Committee
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2764 OF 2024 Amit Bhankharia and Anr.
... Petitioners
Versus
Mumbai Agricultural Produce Market Committee and Anr.
... Respondents WITH INTERIM APPLICATION (L) NO. 545 OF 2024 IN WRIT PETITION NO. 2764 OF 2024 Ashish Pradhyman Bhankharia ... Applicant
IN THE MATTER BETWEEN
Amit Bhankharia and Anr.
... Petitioners
Versus
Mumbai Agricultural Produce Market Committee and Anr.
... Respondents Mr. Kiran Gandhi, Mr. Arun Siwach i/b Mr.Cyril Amarchand Mangaldas, for the Petitioners.
Mr. A. A. Kumbhakoni, Senior Advocate i/b Mr.N. N. Bhadrashete, for the Respondent No.1-APMC.
Mr. Shanay Shah a/w Mrinali Dave i/b Keystone Partners, for the Applicant in IA(L) No. 545 of 2024.
CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.
DATE : 6th AUGUST, 2024.
REKHA PRAKASH PATIL Rekha Patil 1/3 REKHA PRAKASH PATIL Date: 2024.08.07 18:01:46 +0530
P. C. :
Heard learned Counsel for the parties.
By this Petition, the petitioners seek a declaration that the letters dated 13th November, 2023 and 24th November, 2023 issued by the respondent-APMC be declared null and void-ab-initio, being violative of the rights of the petitioners under Articles 14, 19(1)(g) and 21 of the Constitution of India and a direction to the respondent-APMC to withdraw the said letters dated 13th November, 2023 and 24th November, 2023 issued to the petitioners. In the alternative, certain other prayers are sought pertaining to the very same letters dated 13th November, 2023 and 24th November, 2023.
Before the matter could proceed on merits, Mr. Kumbhkoni, learned senior Counsel appearing for the respondent-APMC, submitted that both the aforesaid letters dated 13th November, 2023 and 24th November, 2023, issued by the APMC have been withdrawn by the said respondent. Mr. Kumbhakoni relied on the affidavit filed in the aforesaid petition, at page No. 236. To the said Rekha Patil 2/3
affidavit is annexed a letter evidencing the same i.e. at 'Exh.A' of the affidavit, at page No. 240. The said letter dated 11th March, 2024, is addressed to the petitioner on behalf of the respondent-APMC. It is stated in para 4 of the said letter, that, " we have instructions to inform you that our client is hereby withdrawing said letters dated 13.11.2023 & 24.11.2023".
Since both the letters, which are impugned by the petitioners have been withdrawn, nothing survives for consideration in the Petition. Petition stands disposed of accordingly. In view of the order passed in the aforesaid Writ Petition, nothing survives for consideration in the Interim Application. Accordingly, the same also stands disposed of. All parties to act on the authenticated copy of this order. PRITHVIRAJ K. CHAVAN, J.
REVATI MOHITE DERE, J.
Rekha Patil 3/3