SOPANRAO ONKARRAO SATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Heard with consent of learned Counsel for the parties. Learned Advocates on record for the respondents waive notice on their behalf.

(2.) THIS writ petition under Article 226 of the constitution of India is directed against the notification dated 17-1-2009 issued by respondent No. 2-District Deputy Registrar, Co-operative Societies, Buldhana, (For short "the DDR"), in exercise of the powers under section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short "the Act"), whereby he has provided for amalgamation of the Agricultural Produce Market Committee, Motala (for short "AMPC, Motala") into the Agricultural Produce Market Committee, Malkapur (for short "APMC, Malkapur").

(3.) BEFORE the second resolution dated 04- 7-2008 was passed by the APMC, Malkapur, on 13-11-2007 the DDR had already forwarded a proposal for amalgamation to the State Marketing Board for consultation as envisaged by sub-section (1) of section 44 of the Act. The State Marketing Board, accordingly, on 4-12-2007 passed a resolution recommending amalgamation and informed the same to the DDR. Thereafter, till September, 2008 the DDR did not pass any order, and as a result thereof a writ petition being Writ Petition No. 3994/2008 was filed by Balkrishna Shankar Nafde and four others, seeking direction to the DDR to consider and decide the proposal for amalgamation pending before him within time frame. The writ petition was heard and disposed of by this Court vide order dated 18-9-2008. It would be advantageous to reproduce the said order for better appreciation of the challenge in the present writ petition. The order dated 18th September, 2008 reads thus :-