BALKRISHNA SHANKAR NAFDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioners challenge the order dated 07.05.2009 passed by respondent no.2 Hon'ble Minister in exercise of powers of respondent no.1 under Section 43 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as "the APMC Act" for short). Their contention is, respondent no.2 did not have any such jurisdiction. This Court has on 25.06.2009 granted interim relief and restrained respondent nos. 6 to 25 from taking any major financial or policy decision. In view of various orders passed, by consent of parties, the matter is taken up for final disposal at the stage of admission itself, and hence Rule is issued in the matter, making it returnable forthwith.

(2.) The basic facts are not much in dispute. There was a earlier round of litigation before this Court in the matter. Petitioners before this Court are connected with the affairs of Agricultural Produce Market Committee, Motala. Petitioner no.2 is agriculturist. Petitioner no.3 is Trader. Petitioner no.4 is Hamal. Petitioner no.4 is ExSecretary of A.P.M.C. Motala. Petitioner Nos. 3 and 4 have necessary permission/ license from APMC. Petitioner no.1 is Member of Gram Sewa Sahakari Society, which is entitled to send its representative on Board of APMC. Both the petitioner nos. 1 and 2 are agriculturists. Petitioner no. 6 was not earlier a party to any of the petitions and he is elected member of APMC, Malkapur. The dispute in present Writ Petition relates to amalgamation of APMC, Motala with APMC, Malkapur.

(3.) Earlier there was only one APMC, i.e. APMC, Malkapur which came into existence in 1986 and exercised jurisdiction over the entire area. In 1987 for about 125 villages, APMC, Motala was formed. It had/has about 40 licensed traders. APMC, Motala went into losses and in 2005 it had no funds even to pay salary of its employees or gratuity to its retired employees. On 19.08.2005, it passed resolution requesting the State Government to amalgamate APMC, Motala with APMC, Malkapur. Director of Marketing, Pune accepted that proposal and APMC, Malkapur also on 10.10.2005 passed a resolution accepting such amalgamation. On 04.10.2007, Board ie. Maharashtra Agricultural Federation accepted this proposal and agreed to inform the District Deputy Registrar, [Respondent no. 3 to whom these powers under Section 44 of the APMC Act have been delegated. APMC, Malkapur is respondent no.4, while APMC, Motala is respondent no.5 before this Court.