LAWS(BOM)-2003-3-103

KALWAN AGRICULTURE PRODUCE MARKET COMMITTEE Vs. STATE OF MAHARASHTRA THE DISTRICT DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES

Decided On March 26, 2003
KALWAN AGRICULTURE PRODUCE MARKET COMMITTEE Appellant
V/S
STATE OF MAHARASHTRA, DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, Respondents

JUDGEMENT

(1.) RULE. Mr. R. M. Patne, Assistant Government Pleader, appears and waives service of notice of rule on behalf of respondent Nos. 1 to 3. In the acts and circumstances, the matter was taken up for final hearing with the consent of parties.

(2.) THIS Writ Petition is filed by the petitioners for an appropriate writ, direction or order quashing and setting aside an order dated January 22, 2003 passed by the District Deputy Registrar, Co-operative Societies, Nashik, respondent No. 2 herein, under Section 44 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter referred to as "the Act"), and the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (hereinafter referred to as "the Rules" ).

(3.) THE case of the petitioners in the petition is that petitioner No. 1, Kalwan Agricultural Produce Market Committee, is an Agricultural Produce Market Committee constituted in accordance with the provisions of the Act. Petitioner Nos. 2 to 16 are elected members of petitioner No. 1 Committee. Respondent No. 1 is the State of Maharashtra. Respondent No. 2 is the District Deputy Registrar to whom the powers have been delegated by the State Government in respect of amalgamation or division of Market Committees. Respondent No. 3 is the Director of Marketing, Pune, an authority having supervisory control over Register of Co- operative Societies. Respondent No. 4 is the State Agricultural Marketing Board constituted under Section 39-A of the Act.