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2025 DAILYLAW 2531 (BOM)

M/S. ANISA CHICKEN CENTRE THRU. PROPRIETOR v. THE AGRICULTURAL PRODUCE MARKETING COMMITTEE AND ORS

WP/16646/2025 · 2026-07-10

Shri Milind N Jadhav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/3 9-WP-16646-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 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 Purti Parab PURTI PRASAD PARAB Digitally signed by PURTI PRASAD PARAB Date: 2026.07.10 18:54:42 +0530 2/3 9-WP-16646-2025.doc 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 Purti Parab 3/3 9-WP-16646-2025.doc 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.) Purti Parab