2025 Supreme(Online)(Bom) 351212
HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICE
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
UMESH SHANKARRAO BHOLE – Appellant
Versus
STATE OF MAHARASHTRA THROUGH THE SECRETARY AND 2 ORS – Respondent
IA/1340/2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3260 OF 2024 WITH INTERIM APPLICATION (L) NO. 17079 OF 2025 (For Amendment)
IN WRIT PETITION NO. 3260 OF 2024 Agri Sprayers T.I.M Association & Anr. ….Petitioners : Versus :
The State of Maharashtra & Ors. ….Respondents AND PUBLIC INTEREST LITIGATION NO. 25 OF 2025 WITH INTERIM APPLICATION (L) NO. 1240 OF 2025 (For Vacation of interim order)
IN PUBLIC INTEREST LITIGATION NO. 25 OF 2025 WITH INTERIM APPLICATION (L) NO. 1337 OF 2025 (For Vacation of interim order)
IN PUBLIC INTEREST LITIGATION NO. 25 OF 2025 Umesh Shankarrao Bhole and Ors. ….Petitioners : Versus :
State of Maharashtra & Ors. ….Respondents _____________________________________________________________ Mr. Nikhil Sakhardande, Senior Advocate with Mr. Pralhad Paranjape and Ms. Druti Datar, for the Petitioner in Writ Petition No. 3260/2024.
Mr. Joel Carlos with Mr. Rupesh Geete and Ms. Priya Dangat i/b Satyaki Law Associates, for the Petitioner in Public Interest Litigation No. 25 of
2025.
Mr. V.R. Dhond, Senior Advocate with Smt. P.H. Kantharia, Govt. Pleader and Mr. Milind More, Addl. GP for Respondent Nos.1 and 4-State in Public Interest Litigation No. 25/2025.
Mr. V.R. Dhond, Senior Advocate with Mr. Milind More, Addl. GP for for the Respondent Nos.1 and 3-State in Writ Petition No. 3260/2024.
Mr. Ashutosh Kumbhakoni, Senior Advocate with Mr. Vinod Joshi and Mr. Saurav Rajurkar, for the Respondent No. 2 in Public Interest Litigation No. 25/2025.
Mr. Vinod Joshi, for the Respondent No. 2 in Writ Petition No.
3260/2024.
Mr. Bhushan Chandrakant Joshi with Ms. Sunanda M. Konkar, for Respondent No. 5 in WP/3260/2025 and for Respondent No. 3 in PIL/25/2025.
Mr. A. V. Anturkar, Senior Advocate with Mr. Manoj Harit, Mr. Niket Harit and Ms. Pooja Harit i/b Manoj Harit & Co., for Respondent No. 7 in Public Interest Litigation No. 25/2025. CORAM : ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
DATED : 22 July 2025 JUDGMENT : (Per Sandeep V. Marne, J
1) These petitions challenge Government Resolution dated 12 March 2024 which contemplates procurement and supply of five items (fertilizers, pesticides and agriculture equipment) to the farmers under special program for enhancement of productivity.
Petitioners complain that the Government Resolution dated 12 March 2024 has the effect of deleting the items Battery Operated Sprayers, Nano Urea, Nano DAP, Metaldihide Pesticide and cotton storage bags from Schedule-A of Government Resolution dated 5 December 2016, by which amounts towards purchase of the said items were to be directly paid to the farmers under Direct Benefit Transfer (DBT). Petitioners are aggrieved by the action of the State Government in directing procurement of the said items for supply thereof to the farmers through Maharashtra Agro Industries Development Corporation Limited (MAIDCL) and Maharashtra State Powerloom Corporation Limited (MSPCL). Petitioners insist that the subsidy for procurement of the said five items must be paid in cash to the farmers so as to enable them to purchase the same from local traders rather than procuring and supplying them through agencies like MAIDCL, MSPC, etc.
2) Writ Petition No. 3260 of 2024 is filed by TIM Association which is an Association of manufacturers of sprayers and by Padgilwar Agro Industries, a manufacturer of manual sprayers, power sprayers and battery sprayers challenging the Government Resolution dated 12 March 2024. Initially, the Petitioners in Writ Petition No. 3260 of 2024 had also challenged tender process implemented by the State Government for procurement of Battery Operated Spray Pumps as well as work order issued to MAIDCL. However, prayers challenging the tender process and work order have been deleted from Writ Petition No. 3260 of 2024 and the challenge is now restricted only to the GR dated 12 March 2024.
3) PIL No. 25 of 2025 is filed by three agriculturists challenging the GR dated 12 March 2024, to the extent of deletion of bat