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1982 Supreme(Guj) 33

S.B.MAJMUDAR
MAHESH HARILAL KHAMAR – Appellant
Versus
B. N. NARANSIMHAN – Respondent


Advocates Appeared: ARVIND PATEL, K.G.VAKHARIA, M.B.GANDHI

S. B. MAJMUDAR, J.

( 1 ) THIS petition raises a short question about the period of limitation for filing an appeal before the Director of Agricultural Marketing and Rural Finance respondent No. 1 herein under the provisions of sec. 27 sub-sec. (5) of the Gujarat Agricultural Produce Market Act 1963 hereinafter referred to as the Act. It also raises the question as to whether respondent No. 1 has the power and authority to condone the delay in preferring an appeal before him. In order to appreciate the nature of controversy posed for my consideration in the present petition it is necessary to have a look at a few relevant facts.

( 2 ) THE petitioner had applied for grant of licence as General Commission Agent for the year 1980-81. The said application was given to respondent No. 2 Market Committee which is registered under sec. 9 of the Act and which is having its office in the city. Upto April 1980 the wholesale business in the vegetables was carried on at Bhagubhais Vanda situated in Dhalgarvad in the city. The said wholesale market has been shifted to the new market situated outside Jamalpur gate known as Sardar Patel Market. The petitioner had a licence of General Commission Age









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