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Bombay High CourtWP/5716/2025disposed off

Prakash Nivrutti Gholap v. State Of Maharashtra Throu. The Sec. Marketing Dept And ORS

2025-07-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

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904-WP-5716-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5716 OF 2025 Prakash Nivrutti Gholap .....Petitioner

Versus

The State of Maharashtra and others .....Respondents ----- Mr. Rohan Mirpury, Advocate for the Petitioner. Mr. A.I. Patel, Addl. Government Pleader a/w. V.G. Badgujar, AGP for the Respondent Nos.1 & 2-State.

Mr. Surel Shah, Senior Advocate i/b. Sachin Gite for the Respondent No.3.

----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 09th JULY, 2025 P.C. :

1.

This Petition is filed with a main prayer i.e. prayer clause (a), which is as follows :

(a) That this Hon'ble Court may be pleased to issue a Writ in the nature of Mandamus or such other appropriate writ, order or direction thereby calling for the records and proceedings pertaining to the Impugned Order dated 02/04/2025 bearing no. PRA.V./ SUSPENSION/ ORDER/ 5 / 2025-2026 passed by the Respondent No.3 purported to be under Rule 100(6) of the Maharashtra Agricultural Produce Marketing Deshmane(PS)

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904-WP-5716-25.odt (Development and Regulation) Rules, 1967 and after examining the legality and validity of the same, be pleased to quash and set aside the Impugned Order dated 02/04/2025 bearing no.

PRA.V./ SUSPENSION / ORDER / 5 / 2025-2026 passed by the Respondent No.3;"

2.

Learned Senior Counsel appearing for the Respondent No.3 submitted that without prejudice to their rights and contentions, they are withdrawing the impugned order with immediate effect. The statement is recorded and accepted.

3.

In view of this statement, learned counsel for the Petitioner does not press this Petition. It is made clear that the Respondents are at liberty to adopt appropriate proceedings in accordance with law in relation to the present subject matter. All rights and contentions of both the parties are left open. 4.

With these observations, the Petition is disposed of. ( SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.07.11 17:35:32 +0530