Case Note & Summary
The petitioner, Dr. Dipraj P. Ilamkar, filed a writ petition challenging an order dated 19.09.2018 passed by the Minister for Co-operation, Government of Maharashtra. The Minister had allowed an appeal filed by respondent Nos. 1 and 2 (Agriculture Produce Market Committee, Lakhani) and set aside an order dated 27.04.2018 passed by respondent No. 3 (District Deputy Registrar, Co-operative Societies, Bhandara). The District Deputy Registrar had superseded the Market Committee under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The petitioner contended that the Minister's order was passed without considering the material on record and without assigning any reasons. The High Court examined the impugned order and found that it was a cryptic order lacking any discussion of the grounds for supersession or the evidence. The Court held that the appellate authority must pass a reasoned order and that the Minister had failed to apply his mind. Consequently, the High Court allowed the writ petition, set aside the Minister's order, and restored the order of the District Deputy Registrar superseding the Market Committee. The Court directed that the supersession shall continue and the Administrator appointed shall function until a new Committee is constituted in accordance with law.
Headnote
A) Administrative Law - Appellate Order - Reasoned Decision - Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The Minister, as appellate authority, set aside the supersession of the Market Committee without considering the material on record and without giving reasons - Held that the order was unsustainable and liable to be set aside (Paras 1-6).
Issue of Consideration
Whether the Minister's order allowing the appeal and setting aside the supersession of the Market Committee was valid and reasoned.
Final Decision
The High Court allowed the writ petition, set aside the Minister's order dated 19.09.2018, and restored the order of the District Deputy Registrar dated 27.04.2018 superseding the Market Committee. The supersession shall continue and the Administrator appointed shall function until a new Committee is constituted in accordance with law.
Law Points
- Appellate authority must pass reasoned order
- Non-application of mind by appellate authority
- Supersession of Market Committee under Section 45 of Maharashtra Agricultural Produce Marketing Act
- 1963
- Writ Court can interfere with unreasoned order
