1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.313 OF 2009 Mr Bhagwan M. Bende ...Petitioner v/s State of Maharashtra and others ...Respondents Mr V.A. Thorat, Sr. Counsel withg Mr A.D. Thorat for Petitioner. Mr V.S. Masurkar, GP for Respondent Nos.1 and 2. Mr N.N. Bhadrashete for Respondent No.4. Mr V.B. Nighot for Respondent No.5. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 5TH NOVEMBER 2009. 2 P.C. :- 1] The learned Government Pleader appearing on behalf of the State of Maharashtra states that rule 88 of the Maharashtra Agriculture Produce Marketing (Regulation) Rules 1967 has not been deleted and is very much on the statute today. Statement is accepted. From the statement, it is clear that according to the State Government, which is the rule making authority under the Act, rule 88 of the said Rules, is very much in force, therefore, the Collector was not justified in rejecting the application on the ground that rule 88 is deleted. The order dated 12th November 2008 which is challenged in the petition is therefore set aside. The Collector, Bombay to decide the issue on its own merits in accordance with law. Petition is disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. 3 Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )