DASHRATHBHAI JETHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr. P.K. Jani with learned advocate Mr. Hriday Buch for the appellants, learned Advocate General Mr. Kamal B. Trivedi, assisted by learned AGP Mr Vinay Vishen for the respondent State and its authorities and learned advocate Mr. Dhaval Vyas for respondent no.2, Director, Agricultural Produce Market Committee. Respondent No.3, Patan Agricultural Market Committee though served, has not opted to enter its appearance. Also heard learned advocate Mr. Dipan Desai, who is for the applicants wanting to join themselves in the proceedings of the present Letters Patent Appeal.

(2.) Preferred under Clause 15 of the Letters Patent, the challenge in this Letters Patent Appeal is addressed to judgment and order dtd. 20/12/2019 of learned Single Judge whereby he refused to interfere with the order of supersession of the Agricultural Produce Market Committee, Patan.

(3.) The appellants-original petitioners happen to be the elected members of the respondent no.3 Agriculture Produce Market Committee (APMC). It was order dtd. 21/11/2019 passed by the competent authority of the Agriculture and Co-operation Department in exercise of powers under Sec. 46(1) of the Gujarat Agricultural Produce Markets Act, 1963, superceding the APMC, which was brought under challenge in the Special Civil Application. Upon superceding the market committee, it was ordered to appoint the administrator to run and manage the affairs market committee.