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2021 Supreme(Bom) 242

R.D.DHANUKA, V.G.BISHT
Maharashtra State Market Committee Co-Operative Federation Ltd. – Appellant
Versus
Union of India, through Secretary, Department of Agriculture – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Girish S. Godbole, Mr. Drupad S. Patil, Mr. B.G. Patil, Mr. Dheeraj Patil.
For the Respondents: Mr. R.V. Govilkar, Mrs. Ashwini A. Purav, Mr. Rajesh Choudhary, Mr. S.S. Lanke, Mr. Jitendra Gautam.

JUDGMENT :

V.G. BISHT, J.

1. Rule. Rule made returnable forthwith. By consent of parties, Petition is heard finally at the stage of admission.

2. By this Petition under Article 226 of Constitution of India, the petitioner has approached this Court with following prayers:

    (a) Writ of This Hon’ble Court may be pleased to issue a Writ of Certiorari or any other writ, order or direction in the nature of Writ of Certiorari thereby quashing and setting aside the clause No. B (ii) of Chapter II of Guidelines for Price Support Scheme (PSS), being Exhibit B to this Petition.

(b) The Hon’ble Court be pleased to declare that the Market Committee constituted under the provisions of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 are entitled for market fees on purchases of agricultural commodities made under Price Support Scheme (PSS) by Central and State Agencies in procurement/purchase centres managed by the Marketing Committees in their respective Market Areas.

(c) This Hon’ble Court may be pleased to issue a Writ of Mandamus or any other writ, order or direction in the nature of Writ of Mandamus thereby directing the Respondent No. 4 to forthwith pay Market Fees

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