Gujarat State Co-operative Marketing Federation Limited, petitioner, has filed this petition challenging the judgment and order dated 27th December, 2004, passed by the Deputy Secretary (Appeals), Agriculture and Co-operation Department.
Mr.Patel, learned advocate for the petitioner has relied upon Section 30 of the Gujarat Agricultural Produce Markets Act, 1963, which provides power to remove unauthorised persons from market, and Sec.48 of the Act which provides powers of State Government to call for proceedings of market committee to pass orders thereon. His submissions is that the authority has not properly considered Sec.30 and Sec.48 of the Act.
Hence, Notice returnable on 24th January, 2005. Meanwhile, the petitioner is directed to deposit Rs.1.00 lakh (Rupees One Lakh) with respondent Market Committee without prejudice to the rights and contentions in this behalf. Mr.Rana, learned advocate appears on behalf of the respondents No.2 and 3. He states that whatever the material i.e. fertilizers lying in the godown, if the petitioner will make an application in writing, they will consider the same and return back to the same. D.S. to respondents No.1 and 4 permitted.
( K.M. Mehta, J. ) syed/