1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5219 OF 2009 Harry and Co. ........ Petitioner versus State of Maharashtra & anr. ........Respondents. Mr. S.S. Patwardhan adv. for the Petitioner Mr. S.D. Rajurikar AGP for the Respondent no.1. CORAM: A. P DESHPANDE, J. DATED : 3rd November, 2009. P. C.: 1. This petition has been filed challenging the order passed in Misc. Civil Appeal by the District Judge, upholding the order passed by the trial court rejecting the application moved by the petitioner for temporary injunction under Order 39 Rule 1 and 2. The petitioner is dealing in sale and purchase of tea which is one of the agricultural produce regulated by Maharashtra Agricultural Produce and Market Act 1963. According to the petitioner the defendant did not have competence to include the commodity viz. tea for its regulation under the Maharashtra Agricultural Produce and Market Act. On the basis of said plea a prayer was made seeking to restrain the defendant from levying and collecting market fee and supervision charges. The court below have 2 rightly rejected the prayer. It is not in dispute that various writ petitions were directly filed in the High Court questioning the legality and validity of the resolution including tea as an Agricultural produce for levying market fees and supervision charges and the writ petitions have been dismissed. In that view of the matter, no fault whatsoever is found in the impugned order. In the result there is no merit in this petition and the same is summarily dismissed. (A. P. Deshpande, J.)