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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ASHUTOSH J. SHASTRI, J.
Rajeshbhai Ghanshyambhai Thakkar - Appellant
Versus
State Of Gujarat - Respondent
R/Special Civil Application No. 15021 of 2020 With Civil Application (For Interim Relief) No. 1 of 2020 In R/Special Civil Application No. 15021 of 2020 With R/Special Civil Application No. 5024 of 2020 With Civil Application (For Interim Relief) No. 1 of 2020 In R/Special Civil Application No. 15024 of 2020
Decided on : 17-12-2020
Gujarat Agricultural Produce Markets Act, 1963 - Section 59 - Gujarat Cooperative Societies Act – Section 33 - Constitution of India - Article 226 - Impugned order - Agriculture Produce Markets Committee - Civil Application - Vacating adinterim relief granted exparte - Cancellation of his Licence – decision making process either way of statutory forum but aforesaid contentions which have been raised by learned advocate are contentions which have weighed with the court for relegating the petitioner to a statutory remedy.
Facts of the Case : First petition i.e. Special Civil Application is filed for Purpose of seeking following reliefs : Hon'ble Court may be pleased to admit and allow the present petition - Hon'ble Court may be pleased to issue appropriate writ order or direction in nature of writ of prohibition or writ of mandamus or any other appropriate writ order or direction and be pleased to quash and set aside the impugned order passed by respondent No.3 at Annexure - K to the present petition - Hon'ble Court may be pleased to issue appropriate writ order or direction in the nature of mandamus or any other appropriate writ order or direction and be pleased.
Finding of the Court : forum can examine all these issues which are raised by petitioner, such detailed exercise of adjudication deserves to be undertaken by the appellate authority which has got sufficient powers to examine - Normally, Court would have taken a serious note of some of submissions of learned advocate which may tantamount to misleading the Court, but since the Court is not examining the issue of cancellation of licence on merits in view of alternative remedy, the court has refrained itself from expressing any opinion but with a word of caution submission may be made before the court upon proper scrutiny and only reading of the documents.
Result : Petition is Dismissed.
JUDGMENT :
ASHUTOSH J. SHASTRI, J.
1. Both these petitions are filed under Article 226 of the Constitution of India essentially for challenging the impugned order dated 05.11.2020 passed by respondent No.3 - Agriculture Produce Markets Committee, Tarapur. Since the background of facts and the questions involved are almost similar, learned advocates appearing for the respective parties have requested the Court to take up both these matters together along with the Civil Application filed for vacating the adinterim relief granted exparte.
2. The first petition i.e. Special Civil Application No.15021 of 2020 is filed for the purpose of seeking following reliefs :
B. This Hon'ble Court may be pleased to issue appropriate writ order or direction in the nature of writ of prohibition or writ of mandamus or any other appropriate writ order or direction and be pleased to quash and set aside the impugned order dated 05.11.2020 passed by the respondent No.3 at Annexure - K to the present petition.
C. This Hon'ble Court may be pleased to issue appropriate writ order or direction in the nature of mandamus or any other appropriate writ order or direction and be pleased to, declare that initiation of proceedings by the respondent no.3 under rule 59 is bad at law and in without jurisdiction. This court may further be pleased to quash and set aside the proceedings initiated by the respondent vide show cause notice at Annexure - D, E, F and Annexure-H.
D. This Hon'ble Court may kindly be pleased to stay the impugned order dated 05.11.2020 passed by the respondent no.3 at AnnexureK to the present petition, pending hearing till final disposal of the petition.
E. This Hon'ble Court may kindly be pleased to grant adinterim relief in terms of clause (D) mentioned hereinabove.”
F. This Hon'ble Court may be pleased to grant such other and further relief as the nature and circumstances of the present case may require in the interest of justice.”
2.1 Whereas, Special Civil Application No. 15024 of 2020 is also filed almost for the same relief and as such, relief clause of this petition is also quoted hereunder :
B. This Hon'ble Court may be pleased to issue appropriate writ order or direction in the nature of writ of prohibition or writ of mandamus or any other appropriate writ order or direction and be pleased to quash and set aside the impugned order dated 05.11.2020 passed by the respondent No.3 at Annexure - J to the present petition.
C. This Hon'ble Court may be pleased to issue appropriate writ order or direction in the nature of mandamus or any other appropriate writ order or direction and be pleased to, declare that initiation of proceedings by the respondent no.3 under rule 59 is bad at law and in without jurisdiction. This court may further be pleased to quash and set aside the proceedings initiated by the respondent vide show cause notice at Annexure - D and Annexure-G.
D. This Hon'ble Court may kindly be pleased to stay the impugned order dated 05.11.2020 passed by the respondent no.3 at Annexure-J to the present petition, pending hearing till final disposal of the petition.
E. This Hon'ble Court may kindly be pleased to grant adinterim relief in terms of clause (D) mentioned hereinabove.”
F. This Hon'ble Court may be pleased to grant such other and further relief as the nature and circumstances of the present case may require in the interest of justice.”
3. Since the background of facts as stated above is almost identical, this Court has treated Special Civil Application No. 15021 of 2020 as a lead matter since substantial submissions have been made in this petition.
4. It is the case of the lead petition that the petitioner - Rajeshbhai Ghanshyambhai Thakkar is an elected member of respondent No.3 - Agriculture Produce Market Committee, Tarapur, holding general licence issued by it. According to the pet
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