1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1116 OF 2007 NO.1116 OF 2007 NO.1116 OF 2007 Shri Shri Shri Shankar Shankar Shankar Laxman Pingle .. Petitioner Laxman Pingle .. Petitioner Laxman Pingle .. Petitioner vs vs vs 1.1.1. Secretary, Mumbai Agricultural Secretary, Mumbai Agricultural Secretary, Mumbai Agricultural ...... Produce Produce Produce Market Market Market Committee & ors.. Respondents Committee & ors.. Respondents Committee & ors.. Respondents Mr.U.B.Nighot Mr.U.B.Nighot Mr.U.B.Nighot for Petitioner for Petitioner for Petitioner Mr.C.J.Sawant,Sr.Counsel Mr.C.J.Sawant,Sr.Counsel Mr.C.J.Sawant,Sr.Counsel i.b Mr.N.N.Bhadrashete for i.b Mr.N.N.Bhadrashete for i.b Mr.N.N.Bhadrashete for Respondent Respondent Respondent no.1 no.1 no.1 Mr.P.A.Pol Mr.P.A.Pol Mr.P.A.Pol for Respondent nos. 6 & 8. for Respondent nos. 6 & 8. for Respondent nos. 6 & 8. Mr.R.M.Patne Mr.R.M.Patne Mr.R.M.Patne AGP for Respondent nos. 3 to 5 AGP for Respondent nos. 3 to 5 AGP for Respondent nos. 3 to 5 CORAM CORAM CORAM : S.C.Dharmadhikari, J : S.C.Dharmadhikari, J : S.C.Dharmadhikari, J DATED DATED DATED : 7th February, 2008 : 7th February, 2008 : 7th February, 2008 P.C. P.C. P.C. 1.1.1. This Writ Petition under Article 226 and 227 of This Writ Petition under Article 226 and 227 of This Writ Petition under Article 226 and 227 of the the the Constitution of India is directed against an Constitution of India is directed against an Constitution of India is directed against an order order order passed by the Collector, Mumbai dated 23rd passed by the Collector, Mumbai dated 23rd passed by the Collector, Mumbai dated 23rd January, January, January, 2007 rejecting the objections raised by 2007 rejecting the objections raised by 2007 rejecting the objections raised by the the the petitioner to the voter’s list in so far as petitioner to the voter’s list in so far as petitioner to the voter’s list in so far as A-class A-class A-class traders whose names are mentioned in traders whose names are mentioned in traders whose names are mentioned in objections objections objections raised by the petitioner copy of which raised by the petitioner copy of which raised by the petitioner copy of which isisis at page 39. at page 39. at page 39. 2.2.2. The Collector has referred to the rules and has The Collector has referred to the rules and has The Collector has referred to the rules and has pointed pointed pointed out out out that the provisional list was published that the provisional list was published that the provisional list was published on on on 20th September, 2006 and the last date to raise 20th September, 2006 and the last date to raise 20th September, 2006 and the last date to raise objections objections objections was was was 18th October, 2006. Objections were 18th October, 2006. Objections were 18th October, 2006. Objections were raised raised raised by certain persons and the petitioner was by certain persons and the petitioner was by certain persons and the petitioner was one one one of them. Objections were with regard to the of them. Objections were with regard to the of them. Objections were with regard to the persons persons persons whose names are mentioned in the whose names are mentioned in the whose names are mentioned in the communication, communication, communication, copy of which is at page 39 and the copy of which is at page 39 and the copy of which is at page 39 and the petitioner’s petitioner’s petitioner’s grievance is that they have never grievance is that they have never grievance is that they have never 2 approached approached approached him him him during the period the petitioner has during the period the petitioner has during the period the petitioner has been been been carrying on business as Adatia in vegetable carrying on business as Adatia in vegetable carrying on business as Adatia in vegetable market market market which is controlled and regulated by the 1st which is controlled and regulated by the 1st which is controlled and regulated by the 1st respondent respondent respondent Market Committee. Market Committee. Market Committee. 3.3.3. In so far as these objections are concerned, In so far as these objections are concerned, In so far as these objections are concerned, the the the petitioner was given enough opportunity by the petitioner was given enough opportunity by the petitioner was given enough opportunity by the Collector Collector Collector to substantiate his contentions. The to substantiate his contentions. The to substantiate his contentions. The petitioner petitioner petitioner appeared and his grievance was taken appeared and his grievance was taken appeared and his grievance was taken cognizance cognizance cognizance of. The Collector has referred to the of. The Collector has referred to the of. The Collector has referred to the contentions contentions contentions of both the sides including the of both the sides including the of both the sides including the objections objections objections raised with regard to jurisdiction. The raised with regard to jurisdiction. The raised with regard to jurisdiction. The objection objection objection raised was that the Collector has only raised was that the Collector has only raised was that the Collector has only limited limited limited powers of correcting errors in the voter’s powers of correcting errors in the voter’s powers of correcting errors in the voter’s list list list but, whether licences have been issued and but, whether licences have been issued and but, whether licences have been issued and those those those issued should be renewed or not are matters issued should be renewed or not are matters issued should be renewed or not are matters which which which are within the exclusive domain of the are within the exclusive domain of the are within the exclusive domain of the Director Director Director of Marketing. of Marketing. of Marketing. 4.4.4. That apart, the Collector has referred to the That apart, the Collector has referred to the That apart, the Collector has referred to the necessary necessary necessary documents and records. The petitioner documents and records. The petitioner documents and records. The petitioner had had had raised a objection with regard to 152 names in raised a objection with regard to 152 names in raised a objection with regard to 152 names in the the the voter’s list, out of which 26 did not remain voter’s list, out of which 26 did not remain voter’s list, out of which 26 did not remain present present present before the Collector. It was pointed out before the Collector. It was pointed out before the Collector. It was pointed out toto to the Collector by the Market Committe that due the Collector by the Market Committe that due the Collector by the Market Committe that due compliance compliance compliance of the Act and Rules has been made with of the Act and Rules has been made with of the Act and Rules has been made with regard regard regard to the issuance and renewal of the licences to the issuance and renewal of the licences to the issuance and renewal of the licences of of of 152w A-Class traders whose names have been 152w A-Class traders whose names have been 152w A-Class traders whose names have been objected objected objected to. In paragraphs 22 and 23 of the to. In paragraphs 22 and 23 of the to. In paragraphs 22 and 23 of the impugned impugned impugned order, the Collector has referred to the order, the Collector has referred to the order, the Collector has referred to the communication communication communication received from the Market committee. received from the Market committee. received from the Market committee. ItItIt is in these circumstances and when the Collector is in these circumstances and when the Collector is in these circumstances and when the Collector 3 was was was aware that she could not enter into the aware that she could not enter into the aware that she could not enter into the controversy controversy controversy with with with regard to the issuance and renewal regard to the issuance and renewal regard to the issuance and renewal of of of licences in detail and could not usurp the licences in detail and could not usurp the licences in detail and could not usurp the jurisdiction jurisdiction jurisdiction of of of the Director of Marketing, that the the Director of Marketing, that the the Director of Marketing, that the objections objections objections have been rejected. These reasons do have been rejected. These reasons do have been rejected. These reasons do not not not suffer from any legal infirmity. suffer from any legal infirmity. suffer from any legal infirmity. 5.5.5. I see no reason to interfere in as much as it I see no reason to interfere in as much as it I see no reason to interfere in as much as it isisis not not not possible to re-appreciate and re-apprise the possible to re-appreciate and re-apprise the possible to re-appreciate and re-apprise the factual factual factual finding with regard to the eligibility of finding with regard to the eligibility of finding with regard to the eligibility of 152 152 152 A-Class traders. A-Class traders. A-Class traders. The The The petition is therefore summarily dismissed. petition is therefore summarily dismissed. petition is therefore summarily dismissed. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J) 4