1 WP 7170.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7170 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.W.Munde, Advocate for the petitioner. Mr. S.B.Pulkundwar, Asstt. Govt. Pleader for State. ................................ CORAM : S.V. GANGAPURWALA, J. DATE :19/09/2011 PER COURT : 1. Mr. Munde, the learned counsel for the petitioner vehemently contends that vide the impugned order, respondent no. 4 has directed the appointment of Administrator though the application of the petitioner for extension of the period is pending. Without taking any decision on the said application, respondent no. 4 has straightway appointed the Administrator. 2. Mr. Munde, the learned counsel for the petitioner further submits that in fact the Division Bench of this Court had stayed the holding of elections of the Agricultural Produce Market Committee [ For 2 WP 7170.2011 short, ‘ A.P.M.C. ’ ], Parali in the Writ Petition No. 5335 of 2010 and the said Writ Petition came to be disposed of on 22/08/2011. It was incumbent upon respondent no. 4 to decide the representation/application of the petitioner for extension of the period. The impugned order is without jurisdiction and deserves to be set aside. 3. Mr. Pulkundwar, the learned Assistant Govt. pleader for the State submits that the Division Bench of this Court vide Order dated 22/08/2011 passed in Writ Petition No. 5335 of 2010 with companion Writ Petitions, directed the authorities to take decision in respect of the management of the A.P.M.C., Parali. In view of the provisions of Section 14 read with Section 15 of the Maharashtra Agricultural Produce Marketing ( Development & Regulation) Act, 1963 [ For short, ‘ said Act ’ ], the order has been passed for appointment of Administrator, which can not be assailed. 4. Section 14 ( 3 ) of the said Act lays down term of the members of the market committee which is five ( 5 ) years and gives powers to the State Govt. to extend the said period up to an aggregate of one ( 1 ) year. The proviso to Sub Section ( 3 ) of Section 14 of the said Act lays down the mandate that the State Govt. shall not extend the period or the term for more than one ( 1 ) year. 5. The term of the managing committee of the said 3 WP 7170.2011 A.P.M.C. came to an end on 12/04/2010. Even if it is assumed that the said Committee is entitled for extension of one ( 1 ) year, the said period would come to an end on 12/04/2011. After the said date, even the State Govt. does not have any jurisdiction to grant extension of the term. 6. In light of the above, no error is committed by respondent no. 4 while passing the impugned order. 7. In light of the above, the Writ Petition is dismissed. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 7170.2011 4 WP 7170.2011