M/S. ANISA CHICKEN CENTRE THRU. PROPRIETORversusTHE AGRICULTURAL PRODUCE MARKETING COMMITTEE AND ORS

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   PURTI              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   PRASAD
   PARAB                      CIVIL APPELLATE JURISDICTION
Digitally signed by
PURTI PRASAD PARAB
Date: 2026.07.10
18:54:42 +0530
                             WRIT PETITION NO. 16646 OF 2025

  Anisa Chicken Centre Thru. Proprietor                          ….Petitioner
              Versus
  The Agricultural Produce Marketing
  Committee and Ors.                                             …Respondents

                                      ----
  Mr. S.C. Daswadikar, Advocate for the Petitioner.
  Mr. Harihar P. Bhave a/w ms. Divya Menon, Mr. Ishan J i/b Mr. Devendra
  Avhad, Advocate for Respondent No.1.
  Mr. A.C. Bhadang, AGP for the Respondent-State.
                                      ----

                                          CORAM : MILIND N. JADHAV, J.

                                          DATED     : JULY 10, 2026

  P.C. :

  1.                  Heard Mr. Daswadikar, learned Advocate for the Petitioner.



  2.                  The order impugned in the present Petition is an appealable

  order under the provisions of Section 52-B of the Maharashtra Agricultural

  Produce Marketing (Development and Regulation) Act, 1963. There is a

  demand made against the Petitioner in view of the business activity of the

  Petitioner.         Considering that an equally efficacious remedy of appeal is

  available to the Petitioner, the Petitioner is directed to file the Statutory

  Appeal before the Appellate Authority namely the Marketing Director of

  APMC, Pune. Mr.Daswadikar would submit that the Petitioner shall file the

  Statutory Appeal before the Director of Marketing, APMC, Pune within a

  period of three weeks from today. However he persuades the Court to grant
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certain directions.   He would submit that he has already deposited an

amount of Rs.4 Lakhs approximately in this Court to show Petitioner’s

bonafide. The said amount is directed to be transferred to the Director of

Marketing, APMC, Pune in the Appeal Account that will be filed by the

Petitioner within three weeks from today alongwith all accrued interest

thereon.



3.            Next Mr.Daswadikar would submit that the stay order be

continued until the Appeal is heard and the stay application is decided.

That also needs to be allowed in view of the bonafides shown by the

Petitioner by depositing a substantial amount which is now transferred by

this order. Hence, the APMC will not take any coercive action against the

Petitioner under the impugned order until a period of three weeks and

thereafter until the stay application is disposed of by the Marketing Director

of APMC, Pune. The statutory Appeal and stay application shall be filed by

the Petitioner before the Marketing Director, APMC, Pune within three

weeks. Due notice and service will be given to the other side. If the same is

filed, the Director Marketing, APMC, Pune is directed by this Court to hear

the stay application and decide the same within a period of four weeks

thereafter by passing a reasoned/speaking order.      All contentions of the

Petitioner as also of the APMC/Respondent are expressly kept open. One of

the grievance which is made by the Petitioner through Mr. Daswadikar is

that Petitioner is made to pay substantial rather several layers of taxes/fees

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to various Government authorities. The Petitioner is free to point out all

these grievances and issues before the Director of Marketing, APMC, Pune in

order to ensure that the Petitioner does not suffer from double jeopardy in

payment of taxes/fees with regard to the business operations of the

Petitioner in accordance with law.      With the above directions, the Writ

Petition is disposed of.



4.            Needless to state that the amount which has been transferred

by virtue of this order which was deposited by the Petitioner shall be held

and decided by the Appellate Authority subject to the outcome of the Appeal

proceedings in accordance with law.



5.            Writ Petition No. 16646 of 2025 stands disposed of.



                                                   (MILIND N. JADHAV, J.)




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