LAWS(GJH)-2016-11-34

MEHSANA TALUKA CO-OPERATIVE PURCHASE AND SALEB UNION LTD Vs. DIRECTOR, AGRICULTURAL MARKETING AND RURAL FINANCE & ORS.

Decided On November 22, 2016
Mehsana Taluka Co-Operative Purchase And Saleb Union Ltd Appellant
V/S
Director, Agricultural Marketing And Rural Finance And Ors. Respondents

JUDGEMENT

(1.) All the seven captioned petitions involve similar and interactive facts and identical issue. Therefore, they were heard together and are being disposed of by this common order.

(2.) The first captioned petition is filed by Mehsana Taluka Co-operative Purchase and Sale Union Limited. In the second Special Civil Application No.17977 of 2016, the petitioner is Somnath Khet Pedash Processing and Vechan Sahakari Mandli Limited. Petitioner of Special Civil Application No.17978 of 2016 is Mehsana Jilla Khedut Sinchai and Krushi Utpadan Karnar Sangh Limited, whereas the petitioner of Special Civil Application No.18108 of 2016 is Dhandhusan Bij Utpadakoni Rupantar and Vechan Karnari Sahakari Mandli. All the petitioner cooperative societies have prayed for setting aside of order dated 10th October, 2016 passed by the Agriculture Produce Market Committee (APMC), Mehsana through its Administrator, and another order dated 14th October, 2016 which is an order passed by the authorized officer-the third respondent herein.

(3.) While the facts run parallel in each of the four petitions, the delineation of facts herein is with reference to the first captioned petition. Highlighting the background facts, it was stated that previously, there was one Agriculture Market Committee, Mehsana which was bifurcated by way of notification 06th January, 2014 into APMC, Mehsana and APMC, Jotina. The bifurcation notification was challenged in Special Civil Application No.564 of 2014 and the same came to be upheld as the petition was dismissed on 11th August, 2016. The administrator took over the charge on the same date. The Letters Patent Appeal was preferred against the aforesaid order dated 11th August, 2016, which appeal came to be disposed on 26th August, 2016; on the same date, the election programme was notified.