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2009 Supreme(Bom) 1462

D.D.SINHA, PRASANNA B.VARALE
SHIVRAM s/o SONBAJI GIRHIPUNJE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared
For petitioners: A. M. Ghare
For respondent Nos. 1 to 3: N. W Sambre, Government Pleader
For respondent No.4: Subhash Paliwal
For caveator: C. S. Kaptan

ORAL JUDGMENT

D. D. SINHA, J. :- Heard Shri A.M. Ghare, the learned Counsel for the petitioners, Shri N.W. Sambre, the learned GP for the respondent Nos. 1 to 3, the respondent Nos. 5 and 6 are Assistant Registrars, Co-operative Societies (at present discharging their duties as Administrators), Shri Subhash Paliwal, the learned Counsel for the respondent No.4 and Shri C. S. Kaptan, the learned Counsel for the caveator.

2. Rule, Rule is made returnable forthwith. Heard finally by consent of the parties. Shri N.W. Sambre, the learned Government Pleader waives notice on behalf of the respondent Nos. 1 to 3, Shri Subhash Paliwal, the learned Counsel waives notice .on behalf of the respondent No.4 and Shri C. S. Kaptan, the learned Counsel waives notice on behalf of the caveator.

3. The present writ petition is directed against the order dated 22nd September, 2008 passed by the respondent NO.3-District Deputy Registrar, Cooperative Societies, Bhandara under section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 whereby APMC, Lakhni was divided into two APMCs i.e. APMC, Lakhni and APMC, Sakoli.

4. Shri A. M. Ghare, the learned Counsel for the pet














































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