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2010 Supreme(Bom) 1179

D.B.BHOSALE, PRASANNA B.VARALE
Sopanrao s/o Onkarrao Sathe – Appellant
Versus
State of Maharashtra through its Secretary, Cooperation, Textile and Marketing Department – Respondent


Advocates appeared:
Shri P.C. Madkholkar, Advocate for the petitioners. Smt. B.H. Dangre, Addl. G.P. for respondent Nos. 1 to 3. Shri A.M. Gordey, Senior Advocate with Shri G.G. Mishra, Advocate for respondent Nos. 4 & 5.

JUDGMENT

D.B. Bhosale, J.

Rule, returnable forthwith. Heard with consent of learned Counsel for the parties. Learned Advocates on record for the respondents waive notice on their behalf.

2. This writ petition under Article 226 of the constitution of India is directed against the notification dated 17-1-2009 issued by respondent No.2-District Deputy Registrar, Cooperative Societies, Buldhana, (For short "the DDR"), in exercise of the powers under Section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short "the Act"), whereby he has provided for amalgamation of the Agricultural Produce Market Committee, Motala (for short "AMPC, Motala") into the Agricultural Produce Market Committee, Malkapur (for short "APMC, Malkapur").

3. Petitioner No.2-APMC, Malkapur and respondent No.4-APMC, Motala are constituted under the provisions of the Act. Initially APMC, Malkapur was the only Market Committee in existence, which in 1986 was bifurcated into APMC, Malkapur and APMC, Motala. The market area of APMC, Malkapur extends to Tahsil-Malkapur, whereas the market area of APMC Motala extends to Tahsil-Motala. The Managing Committees of both the Mar




















































































































































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