Advocates:
['DIGHE PRAVIN S', 'COPY SERVED ON G P', '', 'G P', 'R/ SERVED']

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1656 OF 2012

1 Sanjay s/o Maruti Janjire,

age: 38 years, Occ: Agri.,

R/o Mirajgaon, Tq.Karjat,

District Ahmednagar.

2 Suresh Bhanudas Bhise,

age: 35 years, Occ: Agri.,

R/o Malthan, Tq.Karjat,

District Ahmednagar.

3 Mahesh s/o Dada Kale,

age: 36 years, Occ: Agri.,

R/o Chincholi Ramzan,

Tq.Karjat, Dist.Ahmednagar.

4 Manik s/o Bhanudas Borude,

age: 50 years, Occ: Agri.,

R/o Kokangaon, Tq.Karjat,

District Ahmednagar.

5 Ramesh s/o Vitthal Pawar,

age: 40 years, Occ: Agri.,

R/o Siddhatek, Tq. Karjat,

District Ahmednagar.

6 Raosaheb s/o Bajirao Kadam,

age: 38 years, Occ: Agri.,

R/o Mahi Jalgaon, Tq.Karjat,

District Ahmednagar.

7 Bhaiyyasaheb s/o Ranganath

Londhe, age: 35 years, Occ:

Agri., R/o Bhambora, Tq.Karjat,

District Ahmednagar.

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8 Ashok s/o Sukhdeo Ladhane,

age: 50 years, Occ: Agri.,

R/o Diksal, Tq. Karjat,

District Ahmednagar.

9 Smt.Rohini Madhukar Kohole,

age: 65 years, Occ: Agri.,

R/o Benawadi, Tq. Karjat,

District Ahmednagar.

10 Gulabrao s/o Ramchandra

Tanpure, age: 41 years,

Occ: Agri., R/o Mirajgaon,

Tq.Karjat, Dist.Ahmednagar.

11 Sampat s/o Suryabhan Bawadkar,

age: 41 years, Occ: Agri.,

R/o Mirajgaon, Tq. Karjat,

District Ahmednagar.

12 Ravindra s/o Leelachand Kothari,

age: 53 years, Occ: Agri.,

R/o Karjat, Tq. Karjat,

District Ahmednagar.

13 Rajendra s/o Kondiba Pawar,

age: 35 years, Occ: Agri.,

R/o Jogeshwarwadi, Tq.Karjat,

District Ahmednagar.

Petitioners

Versus

1 The State of Maharashtra,

through its Principal Secretary,

Co-operation, Marketing & Textile

Department, Mantralaya,

Mumbai.

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2 The Director of Marketing,

Maharashtra State, Pune.

3 District Deputy Registrar,

Co-operative Societies,

Ahmednagar.

4 The Assistant Registrar,

Co-operative Societies,

Karjat, Tq. Karjat,

District Ahmednagar.

5 Agricultural Produce Market

Committee, Karjat, Tq.Karjat,

Dist. Ahmednagar, through

its Secretary.

Respondents

Mr.P.S.Dighe, advocate for petitioners.

Mrs.S.K.Kadam, A.G.P. for Respondents No.1 to 4.

Respondent No.5 served.

CORAM : R.M.BORDE, J.

DATE : 03

rd August, 2012

ORAL JUDGMENT:

1

Rule. Rule made returnable forthwith and heard

finally by consent of learned Counsel for respective parties.

2

Petitioners are elected office bearers of Agriculture

Produce Market Committee, Karjat. Petitioners are taking

exception to the order passed by District Deputy Registrar, Co-

operative Societies, Ahmednagar, on 21.11.2011 directing

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supersession of Board of Directors of Agriculture Produce Market

Committee, Karjat.

3

The District Deputy Registrar, Ahmednagar, issued

notice on 16.08.2011 to the Directors calling upon them to show

cause as to why action of supersession, as contemplated by Section

45(1) of the Maharashtra Agricultural Produce Marketing

(Development and Regulation) Act, 1963 (herein after referred to as

the ‘Marketing Act’), shall not be taken against them. Petitioners

herein tendered their reply controverting the allegations made

against them in the notice. The District Deputy Registrar, on

consideration of the notice as well as reply tendered by the

petitioners, proceeded to pass order directing supersession of

Board of Directors and making appointment of one Shri

U.J.Umbardand, Assistant Registrar, Co-operative Societies, Karjat,

as Administrator.

4

Petitioners herein preferred an appeal challenging the

order passed by District Deputy Registrar, Co-operative Societies,

Karjat to the Director of Marketing, Maharashtra State, Pune.

However, appeal came to be dismissed by the Director of Marketing,

Pune holding that same is not maintainable. Petitioners are, thus,

challenging the order dated