Bombay High Court Dismisses Writ Petition of Agricultural Societies Challenging Licence Cancellation Under Maharashtra APMC Act. Societies Failed to Establish Market Yard Despite Show-Cause Notice and Opportunity of Hearing.

High Court: Bombay High Court Bench: AURANGABAD In Favour of Prosecution
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Case Note & Summary

The petitioners, fourteen agricultural produce societies, filed a writ petition challenging the cancellation of their licences under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The licences were cancelled by the respondent authorities on the ground that the societies failed to establish a market yard within the stipulated period. The petitioners contended that they were not given a proper opportunity of hearing and that the cancellation was arbitrary. The court examined the records and found that show-cause notices were issued to each petitioner, to which they submitted replies. However, despite being given an opportunity, the petitioners did not avail the personal hearing. The court held that the principles of natural justice were fully complied with and that the cancellation was justified. The writ petition was dismissed with no order as to costs.

Headnote

A) Agricultural Law - Licence Cancellation - Show-Cause Notice - Opportunity of Hearing - Petitioners were issued show-cause notices for failure to establish market yard within stipulated period - Petitioners submitted replies but did not avail personal hearing - Held that principles of natural justice were complied with and cancellation was justified (Paras 1-5).

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Issue of Consideration

Whether the cancellation of licences of the petitioner societies under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 was valid and whether the petitioners were afforded adequate opportunity of hearing.

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Final Decision

The writ petition is dismissed. No order as to costs.

Law Points

  • Natural justice
  • Show-cause notice
  • Cancellation of licence
  • Opportunity of hearing
  • Compliance with statutory conditions
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Case Details

2017 LawText (BOM) (02) 30

Writ Petition No.1669 of 2017

0000-00-00

Pimpla Lokhande Shetkari Dhanya Adhikosh Seva Sahakari Sanstha Ltd. & Ors.

State of Maharashtra & Ors.

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Nature of Litigation

Writ petition challenging cancellation of licences under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

Remedy Sought

Petitioners sought quashing of the order cancelling their licences and restoration of the same.

Filing Reason

Petitioners' licences were cancelled for failure to establish a market yard within the stipulated period.

Issues

Whether the cancellation of licences was valid and in accordance with law. Whether the petitioners were afforded adequate opportunity of hearing.

Submissions/Arguments

Petitioners argued that they were not given proper opportunity of hearing and that the cancellation was arbitrary. Respondents contended that show-cause notices were issued and petitioners submitted replies but did not avail personal hearing.

Ratio Decidendi

The principles of natural justice were complied with as show-cause notices were issued and opportunity of hearing was given, but the petitioners did not avail it. Hence, cancellation of licences was justified.

Judgment Excerpts

The petitioners were issued show-cause notices for failure to establish market yard within stipulated period. Petitioners submitted replies but did not avail personal hearing. Held that principles of natural justice were complied with and cancellation was justified.

Acts & Sections

  • Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963:
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High Court Bombay High Court Dismisses Writ Petition of Agricultural Societies Challenging Licence Cancellation Under Maharashtra APMC Act. Societies Failed to Establish Market Yard Despite Show-Cause Notice and Opportunity of Hearing.
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