SHANTARAM Vs. AGRICULTURAL PRODUCE MARKET COMMITTEE

JUDGEMENT

(1.) Shri. V. B. Patil for respondent No. 1/Caveator Agricultural Produce Market Committee, Jalgaon (APMC) has raised preliminary objection. He invites attention to Rule 102 (2) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 to urge that remedy of filing second appeal before the State Government is prescribed thereunder and hence, this Court should not interfere. He also relies upon the Division Bench judgment of this Court in the case of Pramod Rajaram Chavan & Ors. Vs. Agricultural Produce Market Committee & Anr., 1984 1 BCR 50 to support his contention.

(2.) Senior Advocate Shri. Dixit with Advocate Nagargoje has invited attention to impugned order passed by the Director of Marketing on 15.11.2010 to urge that the appeal preferred was not questioning any punishment under Rule 102 of 1967 Rules and hence, it was not an appeal under Rule 104 thereof. He invites attention to provision of 52B of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 to argue that appeal preferred by petitioner was under section 52B and hence, there is no question of looking into the provisions of Rule 104.

(3.) With the assistance of respective counsel, issue is heard finally. I and any person aggrieved by the order of Director can file further appeal to State Government.