Dismissed

Shankar Shivram Patil and Ors. v. the State Ofmaharashtra and Anr.

Bombay HC28 Jan 2010WP/464/2010

Case brief

AI extract

What is this about?

Petitioners challenged a show cause notice under Section 45 of the Maharashtra Agricultural Produce Marketing Act. The petitioners did not press the petition and sought a limited relief for stay of future adverse orders by the District Deputy Registrar. The court dismissed the petition as withdrawn.

What did the court decide?

Petition dismissed; liberty granted to move for stay of adverse order.

Shankar Shivram Patil and Ors. Vs the State… — Service and Employment | Bombay HC (2010)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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WRIT PETITION NO. 464 OF 2010

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Shankar s/o. Shivram Patil, Aged : 36 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. Balapur, Post Dharmabad, Taluka : Dharmabad, Dist. Nanded.

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Moijoddin Salimoddin, Aged : 32 years, Occupation : Agriculture & Vice President of APMC, Dharmabad, R/o. Karkheli, Taluka : Dharmabad, Dist. Nanded.

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Vinayak s/o. Vasantrao Kulkarni, Aged : 55 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. Ratnali, Taluka : Dharmabad, Dist. Nanded.

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Sadanand s/o. Shamgir Giri, Aged : 36 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. Bachegaon, Post : Dhanora (Bk.), Taluka : Dharmabad, Dist. Nanded.

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Nagorao s/o. Sambhaji Mundkar, Aged : 36 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. Bahulgaon, Post : Yetala, Taluka : Dharmabad, District : Nanded.

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(2)

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Laxman s/o. Tulshiram Shinde, Aged : 36 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. Haregaon, Post : Aatala, Taluka : Dharmabad, Dist. Nanded.

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Venkatesh s/o. Narayanrao Kaminwar, Aged : 40 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. C/o. Balaji Fertilizers, Mondha Road, Dharmabad, Taluka : Dharmabad, Dist. Nanded.

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Govindrao s/o. Shankarrao Jadhav, Aged : 30 years, Occupation : Agriculture & Member of APMC, Dharmabad, R/o. C/o. Ajinkya Hero Honda Showroom, Bannali Road, Dharmabad, Taluka : Dharmabad, District : Nanded. .. Petitioners.

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versus

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The State of Maharashtra, Through its Principal Secretary, Cooperative, Textile and Marketing Department, Mantralaya, Mumbai-32.

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The District Deputy Registrar, Cooperative Societies, Nanded. .. Respondents.

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(3)

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Mr. R.N. Dhorde, Advocate, holding for Mr. B.G. Deshmukh, Advocate, for the petitioners.

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Mr. D.R. Korde, Assistant Government Pleader, for the respondents.

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CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ.

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DATE : 28TH JANUARY 2010

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COURT'S ORDER (Per A.P. Deshpande, J.) :

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By the present petition, the petitioners are questioning the legality and validity of a show cause notice issued under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

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After hearing Mr. R.N. Dhorde, learned Counsel appearing for the petitioners, for quite some time, he does not press this petition, at this stage, however, restricts the petition only for claiming a limited relief. According to the learned Counsel for the petitioners, in the event, if the District Deputy Registrar of Cooperative Societies passes adverse order affecting the rights of the petitioners and, in case, the petitioners move an application seeking stay of the said order, with a view

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(4)

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to facilitate filing of an appeal, the District Deputy Registrar of Cooperative Societies should consider the same in accordance with law.

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In that view of the matter, the petition stands dismissed, as withdrawn, with liberty to the petitioners to move an application for stay of the order which would be passed by the respondent no.2 / District Deputy Registrar of Cooperative Societies, Nanded, in case, the same is adverse to the petitioners. If such an application is moved, the respondent no. 2 shall consider the same in accordance with law.

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JUDGE JUDGE

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bgp/wp464

Shankar Shivram Patil and Ors. v. the State Ofmaharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shankar Shivram Patil and Ors. v. the State Ofmaharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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