Bombay High Court

RAJESHWAR SHAMRAO DHOBLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The order of the Secretary of the Agricultural Produce Market Committee dated 15/5/2016 is without jurisdiction and is set aside.

Summary

The petitioner challenged two orders – one dated 16/11/2015 by the District Deputy Registrar, Cooperative Societies, Hingoli and another dated 15/5/2016 by the Secretary of the Agricultural Produce Market Committee, Jawala Bazar – alleging lack of jurisdiction. The Court examined the delegation of powers under Section 41‑A of the Maharashtra Agricultural Produce Marketing Committee (Regulation) Act, 1965, noting that such powers are vested in the Director of Marketing and delegated to Divisional Joint Registrars, not to the APMC Secretary. Consequently, the Court held that the APMC order was beyond its jurisdiction and quashed it. The matter was remanded to the Divisional Joint Registrar, Co‑operative Societies, Aurangabad to decide the proceedings with a hearing within four months. The Court expressly refrained from deciding the merits and left all issues open.

Issues considered

Whether the order passed by the Secretary of the Agricultural Produce Market Committee is within its jurisdiction
Whether powers under Section 41‑A of the Maharashtra Agricultural Produce Marketing Committee (Regulation) Act, 1965 are correctly delegated to the APMC Secretary

Legislation cited

Maharashtra Agricultural Produce Marketing Committee (Regulation) Act, 1965 — s. 41-A

Subjects

jurisdiction
delegation of powers
Agricultural Produce Market Committee
Co-operative Societies
Writ Petition
quashing order
Maharashtra law

Judgment

2026:BHC-AUG:20914
                                                           Writ Petition No.5561/2016
                                              :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                              WRIT PETITION NO.5561 OF 2016

            Rajeshwar s/o Shamrao Dhoble                   ….Petitioner
                     VERSUS
            The State of Maharashtra & ors.                ….Respondents

                                            .......
            Mr. S.K. Chavan, Advocate for petitioner
            Mr. R.B. Dhaware, A.G.P. for State
            Mr. G.J. Pahilwan, Advocate for R.No.5
            Mr. Ajinkya Kale, Advocate for
            Talekar & Associates for R.No.6
                                            ....…

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                    DATE      : 30th APRIL, 2026

            O R D E R:


            1.           Heard learned counsel for the respective parties for

            some time.


            2.           By the present petition, the petitioner assails the order

            dated 16/11/2015, passed by District Deputy Registrar, Co-

            operative Societies, Hingoli and the order dated 15/5/2016, passed

            by the Secretary, Agricultural Produce Market Committee, Jawala

            Bazar, Taluka Aundha, District Hingoli
                                                 Writ Petition No.5561/2016
                                 :: 2 ::




3.          Mr. Chavan, learned counsel for the petitioner invited

my attention to the affidavit-in-reply filed on behalf of the

respondents No.2 and 3 more particularly paragraph No.5, by

pointing out that, the powers under Section 41-A of the

Maharashtra      Agricultural    Produce      Marketing       Committee

(Regulation) Act, 1965 are delegated by the Director of Marketing

to all the Divisional Joint Registrars, Co-operative Societies.


4.          Admittedly, after going through the reply, I find that, in

the present petition, the order dated 16/11/2015, passed by the

District Deputy Registrar, Hingoli is assailed. Therefore, I find that,

the order passed by the A.P.M.C. is without jurisdiction and the

same is quashed and set aside.        The matter is remanded to the

Divisional Joint Registrar, Co-operative Societies, Aurangabad. The

Divisional Joint Registrar, Co-operative Societies, Aurangabad is

directed to decide the proceedings by giving opportunity of hearing

to all the concerned within a period of four months from the date of

this order. With these directions, Writ Petition stands disposed of.


5.          It is made clear that, this Court has not recorded any

finding on the merits of the matter and the authority shall consider
                                                Writ Petition No.5561/2016
                                :: 3 ::


all the issues which are raised in the present petition. All the issues

are kept open.



                              (SIDDHESHWAR S. THOMBRE, J.)




fmp/-

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