B.P.DHARMADHIKARI
Balkrishna s/o Shankar Nafde – Appellant
Versus
State of Maharashtra, through its Secretary, Marketing and Cooperation Department – Respondent
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners challenge the order dated 07.05.2009 passed by respondent no.2 Hon’ble Minister in exercise of powers of respondent no.1 under Section 43 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as “the APMC Act” for short). Their contention is, respondent no.2 did not have any such jurisdiction. This Court has on 25.06.2009 granted interim relief and restrained respondent nos. 6 to 25 from taking any major financial or policy decision. In view of various orders passed, by consent of parties, the matter is taken up for final disposal at the stage of admission itself, and hence Rule is issued in the matter, making it returnable forthwith.
2. The basic facts are not much in dispute. There was a earlier round of litigation before this Court in the matter. Petitioners before this Court are connected with the affairs of Agricultural Produce Market Committee, Motala. Petitioner no.2 is agriculturist. Petitioner no.3 is Trader. Petitioner no.4 is Hamal. Petitioner no.4 is Ex-Secretary of
A.P.M.C. Motala. Petitioner Nos. 3 and 4 hav
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