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B. P. DESHPANDE
Shree Ganesh Commodity – Appellant
Versus
Wardha Agricultural Produce Market Committee – Respondent
JUDGMENT/ORDER
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. Heard finally with the consent of the learned counsels for the respective parties.
4. The petitioner applied for grant of license of trading/commissioning with Agricultural Produce Market Committee (for short "APMC"), however the concerned Authority/Administrator, rejected both the applications only on the ground that the father and mother of the petitioner are due to pay the market fee to APMC with regard to the their trading license issued earlier and for that purpose recovery proceedings are already filed.
5. The petitioner filed an appeal against the said order, however by the impugned orders dtd. 21/3/2023/ 9/3/2023, the first Appellate Authority while accepting the contentions raised by the Administrator, rejected the appeal.
6. Mr. Deshpande, learned counsel for the petitioner, would submit that the grant of license is dealt with under Sec. 7 of the Maharashtra Agricultural Produce Marketing (Development and Regulation Act, 1963 (for short the "Act of 1963" hereinafter) and same is regulated by Rule 6 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 (for short the
The rejection of a trading license application must be based solely on the criteria specified in the governing statutes, and cannot be influenced by unrelated financial obligations of family members.
Traders conducting private business in government-regulated markets are required to obtain municipal licenses, distinguishing regulatory control from ownership.
Industrial concerns are not liable to pay market fees on agricultural produce brought into the market area for processing and manufacturing under section 28 of the Act, 1963, provided that they have ....
A producer engaging as a dealer under licensing regulations is required to obtain a license despite conflicting advice from authorities.
The right of eligible family members to seek engagement on compassionate grounds accrues only upon the death of the licensee, and the vacancy for the license arises at that point.
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
Harm or the pecuniary loss which would be occasioned to the petitioners cannot be regarded as wrongful in the eye of law because it does not result in an injury to a legal right or a legally protecte....
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