Petitioners sought a direction to stay the effect of an impending adverse order under the APMC Act for eight weeks. The bench held that such relief is unavailable in writ jurisdiction and directed parties to approach the concerned authority instead.
No relief granted. Writ Petition disposed of.
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(19) wp-9761.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9761 OF 2018
Rajendra Pundlikrao Deore and ors. : Petitioners. Versus The State of Maharashtra Through Secretary – Co-operation & Marketing Dept. Mumbai and ors. : Respondents.
Mr. Avinash Fatangare i/by Mr. P D Jadhav for the Petitioners. Mr. A I Patel, Addl. GP for the Respondent/State.
CORAM : R. M. SAVANT & K. K. SONAWANE, JJ. DATE : 03rd SEPTEMBER 2018
P.C.
1 The above Writ Petition has been filed seeking a direction that in the event an adverse order is passed against the Petitioners by the Respondent No.2 in the proceedings under Section 45(A) of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 (for short APMC Act), the same not to be given effect to for a period of eight weeks.
2 Having regard to the said prayer, we are afraid that such a relief cannot be granted by us in our writ jurisdiction. It would be open for the Petitioners to make the said request before the concerned authority at the time of passing of the final order. If any such request is made to the authority, it is for the authority concerned to consider the same and pass appropriate orders.
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(19) wp-9761.18.doc
We express no opinion in that regard. In the light of the above, the Writ Petition to stand disposed of.
[K. K. SONAWANE, J]
[R.M.SAVANT, J]
Laxmikant Gopal Chandan
Digitally signed by Laxmikant Gopal Chandan Date: 2018.09.05 10:42:49 +0530
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2 issues framed by the court
Whether the High Court can grant interim relief staying the effect of an adverse order under Section 45(A) of the APMC Act pending its passage.
Whether the writ jurisdiction can be invoked to direct the authority to consider a request for delay in enforcing the order.
1 provisions across 1 enactments
Rajendra Pundlikrao Deore and ors.
The State of Maharashtra Through Secretary – Co-operation & Marketing Dept. Mumbai and ors.
R. M. Savant
K. K. Sonawane
As recorded by the court registry
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