1987 Supreme(Bom) 366
C.S.DHARMADHIKARI, P.V.NIRGUDKAR
Ramrao Sitaram Kadam & others – Appellant
Versus
District Deputy Registrar & others – Respondent
JUDGMENT - C.S. DHARMADHIKARI, Acg. C.J.:---In this petition, the order issued by the District Deputy Registrar, Co-operative Societies, Nanded under section 44 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter referred as the Act) for the bifurcation of the Market Committee, Hadgaon, dated 9th April, 1984, is challenged on various grounds. One of the contentions raised is that before issuing the notification for the bifurcation of the market committee into two market committees for the marked area, the federation of the market committees i.e. Krushi Bazar Utpan Samiti Sangh, Pune was not consulted, which is a must. Since this mandatory provision was not followed or complied with, under notification issued is ab initio void. The notification is also challenged on the ground that it has been issued in colourable exercise of powers and, therefore, on that count also it is illegal. The notification is also challenged on some other grounds. However, in our view it is not necessary to consider any other aspect of the matter in this petition since the petitioners are entitled to succeed on the ground that there was no consultation with the federation o
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