Fakhruddin Badruddin Saiyed vs Director, Agriculture And Rural Finance

Nirzar S. Desai, J

By way of this petition, the petitioner has prayed for the following reliefs :-

"A) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing respondent Nos.1 & 2 herein to forthwith consider the letter dated 08.05.2023 (Annexure-D) of the petitioner and to provide an appropriate application form for allotment of shop/stall/open space in the Market Yard at village Lamba as has been declared vide Circular dated 06.05.2023 (Annexure-C) by respondent No.2.

B) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing respondent Nos. 1& 2 to consider the application that may be made by the petitioner, in consonance with the order dated 07.03.2023 passed by this Hon'ble High Court in SCA No.9119/2016 (Annexure-A);

C) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent Nos.1 & 2 to maintain status-quo regarding the circular dated 06.05.2023 (Annexure-C);

D) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court may be pleased to direct respondent Nos. 1 & 2 herein to prepare a list of applicants who have made application pursuant to Circular dated 06.05.2023 (Annexure-C) and be further pleased to direct respondent Nos. 1 & 2 to specify as to how many of them are holding shops/stalls/open space in the Market Yards owned and managed by respondent No.2 and to submit the same before this Hon'ble Court within a reasonable time as this Hon'ble Court may deem just, fit and expedient, in the interest of justice.

E) Such other and further orders as this Hon'ble Court may deem just, fit and expedient be passed in favour of the petitioner.

F) Costs of this petition be provided for to the petitioner."

However, at the outset, it is brought to the notice of this Court that the petitioner is not a member of the Agriculture Produce Market Committee (APMC) and his application dated 08.05.2023 is also not yet decided.

In view of that without entering into merits of the matter, in the interest of justice would be served if, the respondent No.2 is directed to decide the representation made by the petitioner on 08.05.2023.

Learned advocate Mr. Aishwarya who appears on behalf of the respondent No.2 states that the decision has already been taken by the respondent No.2 - Committee and the same will be communicated within a period of one month from today.

In view of that since the decision has already been taken up by the respondent No.2 - Committee, the present petition stands disposed of without expressing any opinion on the merits of the matter. Notice is discharged.