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2019 Supreme(Guj) 908

BIREN VAISHNAV
Dashrathbhai Jethabhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.K. Jani, Senior Counsel with Mr. Hriday Buch, Mr. R.S. Sanjanwala, Senior Counsel with Mr. Dipen Desai.
For the Respondents:Mr. Kamal Trivedi, Advocate General with Ms. Jyoti Bhatt, Asst. Government Pleader with Mr. Vinay B. Vishen, Asst. Government Pleader, Mr. Percy Kavina, Senior Counsel with Mr. Dhaval D. Vyas

ORDER :

1. The prayers in the petition read as under:

    “(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ, order or direction, by quashing and setting aside the impugned order dated 21.11.2019 passed by respondent No.1 (Annexure-A hereto) and allow the petitioners to function as the committee member of the APMC, Patan;”

2. The petitioners, who are elected members of the respondent no.3 – Market Committee are before this Court challenging the validity and propriety of the order dated 21.11.2019 passed by the State in exercise of powers under Section 46 of the Gujarat Agricultural Produce Markets Act, 1963 (‘the Act’ for short). By the impugned order, the State in exercise of powers under Section 46 of the Act has superseded the respondent no.3-Market Committee and appointed an administrator.

3. The facts giving rise to the petition are as under:

    3.1 It is the case of the petitioner that the Market Committee viz. the Agriculture Produce Market Committee, Patan, was constituted under Section 11 of the Act. Since there was no elected body for about 10 y

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