PRAVINBHAI MOHANBHAI ANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waives service of notice of Rule for the respondent State. With the consent of the learned Counsel for both the sides, the matter is finally heard today.

(2.) All the petitioners, except petitioner No.8 in SCA No.25858 of 2006 were the members of the Agricultural Produce Market committee, Rajkot, which has been bifurcated into Agricultural Produce Market committee, Rajkot Lodhika and Agricultural Produce Market committee, Paddhari. All the petitioners including petitioner No.8 of SCA No.25858 of 2006 have preferred the petitions to quash and set aside the proceedings initiated under Section 44 of the Gujarat Agricultural Produce Markets Act (hereinafter referred to as "the Act") and the final report made thereunder. The petitioners have also challenged the initiation of the proceedings pursuant to the Notice dated 12.10.2006 issued in purported exercise of the power under Section 50 of the Act to show-cause notice as to why the order should not be passed under Section 50 based on the report of the inquiry made under Section 44 of the Act.

(3.) I have heard Mr.Shelat, learned Counsel appearing with Ms.Jani, learned Counsel appearing for the petitioner(s) in SCA No.25858 of 2006 and allied matters, Mr.P.M.Thakkar, learned Counsel with Mr.Pahwa, learned Counsel appearing for the petitioner(s) in SCA No.25878 of 2006 and allied matters and Mr.Desai, learned AGP for the State Authorities.