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2006 Supreme(Guj) 276

ABHILASHA KUMARI
Agricultural Produce Market Committee – Appellant
Versus
Borsad Municipality – Respondent


Judgment

Abhilasha Kumari, J.—The present writ petition brings to light a peculiar situation in which one statuary authority has invoked the writ jurisdiction of this Court with, a prayer to issue a writ of mandamus to another statutory body, both of which exercise jurisdiction under their respective statutes, in the same area.

2. The petitioner herein is the Agricultural Produce Market Committee, Borsad, which is constituted under the provisions of the Gujarat Agricultural Produce Markets Act, 1963 (herein-after referred to as “the APMC Act”). The petitioner Committee is constituted of 16 persons as provided for under Section 11 of the Act.

3. The respondent is the Borsad Municipality, constituted under the provisions of the Gujarat Municipalities Act, 1963 (hereinafter referred to as “the Municipalities Act”). At the relevant point of time, when the petition was filed, the term of the Borsad Municipality had expired and the State Government, in exercise of powers under Section 263(a) of the Municipalities Act, had appointed the Mamlatdar and Executive Magistrate of Borsad Taluka as its Administrator. The administrative and executive control of the respondent Municipality was in the






































































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