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2012 Supreme(Bom) 893

A.P.BHANGALE, B.P.DHARMADHIKARI
Shree Shyambaba Cotton Company – Appellant
Versus
Agricultural Produce Market – Respondent


Advocates:
Advocate Appeared:
For the Applicants:R.S. Parsodkar, Advocate.
For the Respondent:R1. N.R. Patil, Advocate. R2 & R3. T.H. Khan, A.G.P.

Judgment :-

A.P. Bhangale, J.

1. Rule. Taken up for final hearing by consent. Heard submissions at the bar.

2. By this Petition, the petitioner claims that the petitioner-company is deemed to have secured license for the purposes of purchasing cotton for processing of pressing & ginning under Section 7(1) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 and has prayed to quash and set aside the seizure notice dated 17/03/2012 issued by respondent no.1/Market Committee.

3. The facts, briefly stated, are thus :-

That the Petitioner, a businessman and proprietor of Shree Shyam Baba Cotton Company, had purchased the land Gat No.286/3, admeasuring 2.25 acres situated at Karambhad in taluka Parseoni, District Nagpur with a view to establish Cotton Ginning and Pressing Factory. The Shed was constructed in the month of November/December, 2011 to establish the Cotton Ginning and Pressing Factory at the cost of Rs.4 crores. On or about 28/09/2011, the petitioner applied for license to purchase Cotton. We have perused the communication dated 28/09/2011 addressed to the Chairman from Shree Shyam Baba Cotton Co., Saoner. The petitioner addressed thus -

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