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Bombay High CourtIndian Cases

Agriculture Produce Market Committee vs District Deputy Registrar … on 19 July 2007

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Bombay High Court
Agriculture Produce Market Committee vs District Deputy Registrar, … on 19 July, 2007
Equivalent citations: 2007(6)MHLJ288
Author: A.H. Joshi
Bench: A.H. Joshi, R.C. Chavan
JUDGMENT

A.H. Joshi, J.

1. Rule, Rule is made returnable forthwith. Heard by consent of parties.

2. The point raised in the petition is that notification dated 18-9-1982 does not authorize District Registrar, Co-operative Societies to exercise powers under Section 40 of MAPM (R) Act, 1963 and Rules 1967.

3. However, we find that the issue involved in this petition is very limited and affidavit filed by the Deputy District Registrar Co-operative Societies does not deal with the petition, may be because he has no reply to offer.

4. We see from the notification that the powers under section 40 which are delegated read as follows:

Section 40.
Inspecting and enquiry of Market Committees.
5. It is, thus apparent that the respondent No. 1 does not have power to set aside the resolution or restoring the Office of the respondent No. 3.

6. In view of this, rule is made absolute in terms of prayer Clause (i). The impugned order is set aside. This does not preclude the respondent No. 3 from taking recourse to statutory remedy as may be available to him.