ANANTKUMAR DWARKADAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. V.C. Vaghela for the petitioner, learned AGP Mr. Akash Chhaya for the respondent-State and learned Advocate Mr. Dipen Desai for the respondent No.4.

(2.) By way of this petition, the petitioner calls into question an order passed by the respondent No.2-Director, Agriculture Marketing and Rural Finance, Gujarat State, dtd. 14/10/2022, whereby the present petitioner has been disqualified as an elected member of the Agricultural Produce Market Committee, Kapadvanj, (for short "APMC").

(3.) At the outset, it is required to be noted that the learned Advocate Mr. Dipen Desai appearing for the respondent No.4 - APMC has taken a preliminary objection with regard to maintainability of the present petition, more particularly contending that while Sec. 13(1) of the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963 (hereinafter to be referred to as "the Act") states about disqualification by the Director, Sec. 13(2) provides a provision of appeal before the State Government and whereas according to learned Advocate Mr. Desai, the petitioner having not availed of an alternative remedy, this petition may not be entertained by this Court.