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2003 Supreme(Bom) 380

C.K.THAKKER, D.Y.CHANDRACHUD
Kalwan Agriculture Produce Market Committee & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---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 facts 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





























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