APPASAHEB SHESHRAO CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WRIT Petition No. 5003 of 1998 is filed by the Members of the Agricultural Produce Market Committee, Jalna, challenging the Order, dated 23-11-1998 passed by the District Deputy Registrar, Co-operative Societies, Jalna, bifurcating the market area of Jalna Market Committee into two separate Market Committees, namely, Jalna and Badnapur, in exercise of the powers under section 44 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 and the Rules made thereunder (hereinafter, referred to as "the said Act" ).

(2.) AGRICULTURAL Produce Market Committee, Jalna had a sub-market yard at Badnapur. The District Deputy Registrar, Jalna, appointed himself to be the Administrator in place of the earlier Administrator, by an Order, dated 14-9-1993. On 1st August 1994, the newly elected Market Committee assumed office. On 17-2-1995, the Director of Marketing wrote a letter to the Chairman of the Market Committee, Jalna, asking him to submit a report about the proposal to bifurcate the Jalna Market Committee into two Market Committees, namely, Jalna and Badnapur. The said letter was placed before the Market Committee for consideration on 28-4-1995 and the Market Committee opined that they oppose the proposal for the bifurcation. This was resolved by Resolution No. 8 and intimated to the Director of Marketing, as well as to the State Marketing Board established under section 39-A of the said Act. Since the members of the Market Committee were apprehending bifurcation, ignoring the views expressed by them. Writ Petition No. 5658 of 1995 came to be filed before this Court; and this Court directed that, if the bifurcation order is passed, it shall not be given effect to for a period of 15 days. The District Deputy Registrar issued an Order on 23-11-1998 bifurcating the Market Committee, which has been impugned in this writ petition.

(3.) THE Notification bifurcating the Market Committee, Jalna, is challenged mainly on the following grounds:-