AGRICULTURAL PRODUCE MARKET COMMITTEE VISA NAGAR Vs. DIRECTOR OF AGRICULTURAL MARKETING AND RURAL FINANCE

JUDGEMENT

(1.) Admitted Mr. P.K. Jani appears and waives service of notice of admission for respondent No.2 Mr. Joshi, learned AGP waives service of notice of admission for respondent Nos.1 and 3. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) . This appeal is filed against an order passed by the learned Single Judge in Special Civil Application No. 8246 of 1999 on December 22,1999.

(3.) . Being aggrieved by the order of removal passed by the Director of Agricultural Marketing and Rural Finance respondent No. 1 on October 5, 1999, the above petition was filed by repondent No.2. A preliminary objection was raised on behalf of the present appellant before the learned Single Judge that statutory remedy of revision is available to the petitioner under Sec. 48 of the Gujarat Agricultural Produce Marketing Act, 1963 and hence, High Court may not entertain Sepecial Civil Application. The learned Single Judge upheld the contention and disposed of the petition but while disposing of the petition, the learned Single Judge directed that the petitioner will file a revision application within a period of fifteen days from the date of order and "till the State Government decides the revision application, the impugned order passed by the Director of Agricultural Marketing and Rural Finance shall remain stayed"