2025:BHC-NAG:9029-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3841 OF 2025

1. Shri Ahmed Karim Bhai Sheikh, Aged about 70 yrs, R/o. Ward No.1, Madarsa Jaiswal, Buti Bori, Nagpur, Tahsil & District : Nagpur.

2. Shri Kishor S/o. Keshavrao Palandurkar, Aged about 65 yrs, R/o. Plot No.33, Kali Mata Mandir Road, Near Ganesh Mandir, Gokul Nagar, Uppalwadi, Nagpur, Tahsil & District : Nagpur.

…. PETITIONERS.

// VERSUS //

1. State of Maharashtra, through its Secretary, Ministry Department of Co-operation, Madam Cama Road, Mantralaya, Mumbai -32.

2. The Divisional Joint Registrar, Co-operative Societies, Nagpur, Tahsil & District : Nagpur.

3. The District Deputy Registrar, Co-operative Societies, Nagpur, 4. The Special Investigation Team, through its Chairman, Collector, Nagpur, Tahsil & District : Nagpur.

5. The Agricultural Produce Marketing Committee, Nagpur, through its Secretary, having its office at Pandit Jawaharlal Nehru Yard, Kalamna, Nagpur – 440 035.

…. RESPONDENT S .

______________________________________________________________ Shri Sunil Manohar, Sr. Advocate a/b Shri A.M.Ghare, Advocate for Petitioners Shri D. V. Chauhan, Sr. Advocate & G.P. a/b. Shri N.S. Rao, AGP & Shri Chaitanya J.Dhruv, Advocate for the respondent Nos.1 to 4.

Shri A.S.Akbani, Advocate for Respondent No.5.

______________________________________________________________

CORAM :ANIL S. KILOR AND VRUSHALI V. JOSHI, JJ.

DATE OF RESERVING THE JUDGMENT : 05/08/2025 DATE OF PRONOUNCING THE JUDGMENT : 10/09/2025 JUDGMENT : (Per : Anil S. Kilor, J)

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

3. By the present writ petition the petitioners are challenging the Government order dated 18/07/2025 passed by the respondent No.1 appointing a Special Investigating Team (SIT) for investigation into certain issues referred to therein relating to functioning of respondent No

5 market committee.

4. The brief facts of the present case are as follows :

It is the case of the petitioners that they are the executive committee members of the respondent No.5-Agricultural Produce Market Committee, Nagpur (hereinafter referred to as “Market Committee”), who got elected in the general elections held in the month of October 2021.

5. Thereafter, the petitioner No.1 got elected as a Chairman of the respondent-Market Committee from amongst the elected executive committee members.

6. The respondent No.5-Market Committee is a statutory body constituted under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as “the Act of 1963”). It was established for Nagpur Tahsil in the year 1974 and Nagpur (Rural) declared to be the market area. The activities of market committee were done at different places in Nagpur namely at Santra Market, Bakra Mandi and Cotton Market areas.

7. The Nagpur Improvement Trust allotted land for consolidation of the markets at one place at Kalmana area of Nagpur city.

8. In the year 2009 the respondent-Market Committee constructed 20 shops at Orange and Fruit Market, 14 Shops at Chilly Market and 10 shops at Potato and Onion Market i.e. total 44 shops in its market yard at Kalmana.

9. The said shops were allotted on the terms and conditions as stipulated by the Director of Marketing, Pune, while granting permission for allotment. The allotment was made by way of auction.

10. One Shri Sanjay Wadhwani, a broker, having licence in Mirchi Bazar, lodged a complaint with the Hon’ble Chief Minister alleging malpractices in the auction process.

11. Thereupon, the Director of Marketing vide communication dated 17/03/2017 directed the respondent No.3 to conduct enquiry in relation to the complaint and submit his report. Then the respondent No.3, on 27/03/2017, appointed a Five Members Committee to inquire into the allegations made in the complaint.

12. The Enquiry Committee then submitted its report, on

06/07/2017.

13. At the relevant ti