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2026 DAILYLAW 8517 (BOM)

GULAB SOPANA GORE v. THE STATE OF MAHARASHTRA THR ITS DEPT OF MARKETING AND ORS

WP/11720/2026 · 2026-09-10

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

407- WP-11720-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11720 OF 2026 Gulab Sopana Gore ...Petitioner Versus The State of Maharashtra Thr Its Dept of Marketing & Ors. ...Respondents _______ Mr Rushikesh Salunkhe, i/b Aadesh M Patil, for Petitioner. Mr A R Deolekar, AGP, for Respondent-State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 10th SEPTEMBER 2026 P.C. 1. Heard Mr Salunkhe, learned counsel appearing for the Petitioner and Mr. Deolekar learned AGP representing the Respondent - State. 2. The Petitioner is the lawful allottee and registered lessee of Gala Nos. 33 and 34 situated at Mahatma Phule Market Yard, Chakan, Taluka Khed, District Pune, pursuant to registered lease deeds dated 29th August 2003 executed in his favour by Respondent No.3-Krushi Utpanna Bazar Samiti, Khed, for a period of ninety-nine years. On 19th February 2025, when the Shivgan 407- WP-11720-2026.DOC Petitioner approached Respondent No.3 for renewal of his licence, he learnt for the first time that the said Gala Nos. 33 and 34 stood transferred in the names of Respondent Nos. 4 and 5, without any notice or opportunity of hearing to the Petitioner. 3. The Petitioner thereupon invoked the jurisdiction of Respondent No.2- Director of Marketing under Section 43 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 ('APMC Act'), challenging the legality of the said transfer. By order dated 20th November 2025, Respondent No.2 rejected the Petitioner's application. Being aggrieved, the Petitioner preferred statutory Appeal No.58 of 2025 under Section 52B of the APMC Act before Respondent No.1-State of Maharashtra on 4th December 2025, together with a stay application seeking interim protection pending disposal of the Appeal. 4. By this Writ Petition, the Petitioner seeks a direction to Respondent No.1 to take up, hear and decide the pending Stay Application and Appeal No.58 of 2025 within a time-bound period, contending that despite reminder applications dated 22nd July 2026 and 5th August 2026, neither the Stay Application nor the Appeal has been taken up for consideration for more than eight months from the date of its filing. 5. Considering the averments made in the Petition and the reliefs sought, Respondent No.1 is directed to consider and decide the Petitioner's Stay Application and Appeal No.58 of 2025, pending under Section 52B of the APMC Act, within a period of 6 weeks if not already decided from the date Shivgan 407- WP-11720-2026.DOC on which this order is communicated to it. In case Respondent No.1 requires any information or documents necessary for deciding the Appeal, it is at liberty to call for the same from Respondent Nos. 2 to 5. 6. Keeping all the contentions of the parties open, the Writ Petition stands disposed of. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.09.16 12:17:58 +0530