1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2646 OF 1996 Naeem Salim Shaikh & ors. : Petitioners. Versus Agricultural Produce Market Committee, Bhiwandi, Dist Thane and ors. : Respondents. Mr. Madhav Jamdar for the Petitioners. Mr. C R Sonawane, AGP for Respondent Nos.4 to 10. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 06 th April 2010 P.C. 1. This Petition takes exception to the order issued by the Secretary of the Respondents-Committee dated 22 nd April 1996 directing the Petitioners to forbear from carrying on their marketing activities in village Kon on the assumption that the said area was no more a subsidiary market. That assumption was on the basis of the order passed by this Court dated 16 th April 1996 where under the Notification issued under Section 5(2) of the Maharashtra Agricultural Produce Marketing 2 (Development and Regulation) Act, 1963 was quashed and set aside. By the said Notification, village Kon was declared as a “subsidiary market” within the meaning of Section 5(2) of the Act. As a result of quashing and setting aside the said Notification, the status of subsidiary market given to village Kon, was no more in existence and for which reason, the impugned order came to be passed by the Secretary of the Respondent-Committee on 22 nd April 1996. 2. By our separate order passed today in Review Petition No.1144 of 1997, in Writ Petition No.2451 of 1996, of recalling the order dated 16 th April 1996, the effect of that Notification issued under Section 5(2) of the Act on 19 th March 1996 would get restored and revived as if the same was never set aside by this Court. In that case, village Kon will continue as a “subsidiary market” area. If so, the basis on which the impugned order was passed by the Secretary does not exist any more. Accordingly, the impugned order deserves to be quashed and set aside. 3 3. Hence this Petition would succeed. Rule is made absolute in terms of prayer clause (b). No order as to costs. (R M SAVANT, J.) (A M KHANWILKAR, J)